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Yearly Archives: 2008

Civil Procedure – Foreign Judgment – Service Of Process – Fla. Law (access required)

Although the Florida address for decedent’s son was listed as the address for decedent as registered agent of “McAuliffe Properties Inc.,” service on the son was no good under Florida law and the Fairfax Circuit Court sets aside a 1999 ...

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Civil Procedure – P.I. Suit – Police Report – SDT (access required)

In this wrongful death action by the family of decedent passenger, the Fairfax Circuit Court quashes a subpoena duces tecum in which the parents sought the criminal investigation file supporting the decision not to prosecute any of the civil defendants. ...

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Criminal – Murder – Mental Health Expert (access required)

A defendant who shot his neighbors multiple times with an “AK 47 styled” rifle as they drove past defendant’s home, killing the wife and permanently disabling the husband, and then engaged in an hours-long standoff with law enforcement, has his ...

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Domestic Relations – Termination Of Parental Rights – Domestic Violence (access required)

A father with multiple convictions of assault and battery on his children’s mother has termination of his parental rights upheld by the Court of Appeals. The trial court’s major concern with father was the history of violence between him and ...

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Criminal – Mandatory Minimum Sentence – Firearms Convictions (access required)

The Court of Appeals vacated sentences imposed on two teenage defendants convicted of five counts each of using a firearm in commission of a robbery of a card party, as the trial court erred in concluding it was not required ...

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Domestic Relations – Spousal & Child Support – Attorney’s Fees (access required)

A husband who has $86,000 in annual income is ordered to pay $750 in monthly spousal support to wife, who earns under $20,000 per year, as well as $7,500 of her attorney’s fees, the Court of Appeals holds. Central to ...

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Criminal – Contempt – Continuance – Client No-Show (access required)

The Court of Appeals affirms a contempt conviction for a defense lawyer who told his client he need not appear for trial after the defense lawyer and the prosecutor had agreed to a continuance, but without entry of an order ...

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Domestic Relations – Offset Orders – No Transcript (access required)

The Court of Appeals concludes the divorce court had jurisdiction to issue offset orders in this proceeding but the appellate court cannot determine whether the lower court erroneously failed to consider tax consequences associated with the offset because appellant husband ...

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Workers’ Comp – Doctor Choice – Course Of Treatment Doctrine (access required)

The Court of Appeals says the commission did not err in granting a mother’s request for a change of treating physician for her teenage son, injured in a fall at the grocery store where he worked, where the employer’s claims ...

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