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Home / 2009 / January (page 29)

Monthly Archives: January 2009

Criminal – Cocaine & Firearm Possession – Rule 5A:18 (access required)

The Court of Appeals finds no miscarriage of justice occurred that would enable it to consider defendant’s appellate claim that the circuit court had no jurisdiction to try him for felony charges in the absence of an arraignment and entry ...

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Workers’ Comp – Employer Penalty – Termination Form (access required)

The Court of Appeals affirms the commission’s imposition of penalties and refusal to set aside an award based on the commission’s handling of forms submitted by employer; although employer submitted a termination form with the agreement to pay benefits form, ...

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Obituaries (access required)

Alexander Wellford Alexander “Sandy” Wellford, a retired Richmond attorney and an expert on First Amendment law, died Dec. 31 after a long illness. He was 78. A graduate of the University of Virginia, Mr. Wellford served in the U.S. Army ...

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Workers’ Comp – Broken Ankle – Medical Evidence – Total Disability (access required)

A construction company loses its appeal of an award of temporary total disability benefits for six months to a claimant who demonstrated total disability during the relevant time period, in this decision from the Court of Appeals. Employer claims the ...

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Traffic Offenses – DUI – Jurisdiction – County Code Violation (access required)

The Court of Appeals has no jurisdiction over defendant’s appeal of his conviction under a county traffic ordinance; although defendant timely filed his notice of appeal, his failure to join the county, an indispensable party, deprives the appellate court of ...

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Domestic Relations – Attorney’s Fees – UCCJEA – Jurisdiction Transfer (access required)

A trial judge erred in awarding attorney’s fees under Va. Code § 20-146.33(A) to a mother who won a transfer of jurisdiction from Virginia to Arizona under the Uniform Child Custody Jurisdiction and Enforcement Act after mother moved to Arizona ...

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Domestic Relations – Equitable Distribution – P.I. Recovery (access required)

The Court of Appeals says a divorce court erred in classifying as wife’s separate property her personal injury recovery that resulted from a motorcycle accident while riding as husband’s passenger; but the error was harmless, as it clearly had no ...

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Real Estate – Foreclosure – Power Of Attorney – Revocation (access required)

Although wife claims that prior to their divorce, she revoked the power of attorney given to her husband, who used the power of attorney to take out two loans from defendant bank secured by wife’s real estate, husband executed an ...

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Environmental – Surface Mining Permit – Injunction – Timbering (access required)

In this case in which the Sierra Club is suing the Secretary of the Interior on behalf of a landowner who claims large rocks have been dislodged onto his property as a result of nearby logging and mining activities, a ...

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Contract – Accounting Firm Purchase – Due Diligence (access required)

Defendant buyers of an accounting business, sued on their $145,000 promissory note used for partial payment, lose on summary judgment their counterclaim alleging fraud based on claims that plaintiff sellers impeded their efforts to perform due diligence on the firm ...

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