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Author Archives: Virginia Lawyers Weekly

Contract – Mechanic's Lien – Condo Units (access required)

Although the contractor, when it filed its memorandum of mechanic’s lien for roofing work, incorrectly identified seven unit owners out of 350, the failure of the memorandum to name the record owner at the time of filing does not invalidate ...

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Domestic Relations – Shared Custody – Joint Custody (access required)

Although the father has visitation of more than 110 days per year with the couple’s son, this fact alone is not sufficient to award shared custody of the son, and it is in the child’s best interests that the mother ...

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Criminal – Driving After HO Order – Restricted Permit (access required)

Although defendant was issued a restricted permit which allowed him to drive to and from work and the Alcohol Safety Action program three years after being declared an habitual offender, defendant nevertheless can be charged with driving after being declared ...

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Criminal – Attempted Capital Murder – Solicitation To Commit Murder (307245) (access required)

Although the commonwealth has made out a prima facie case of solicitation to commit capital murder by defendant in violation of Va. Code § 18.2-19, the commonwealth may not pursue its separate charge of attempted murder against defendant. The commonwealth ...

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Contract – Environmental – Performed Contract – Contaminated Land (access required)

Although defendant, who has defaulted on a note for the purchase of real property which he had been leasing and on which he stored petroleum products in underground tanks, claims he has stopped making payments on the note because the ...

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Tort/Negligence – Sovereign Immunity – Sheriff's Levy – Deputies (access required)

Where plaintiffs’ motion for judgment regarding the purported improper seizure of their personal property alleges that agents and employees of defendants were present when the items were seized under the levy, that such agents and employees were acting within the ...

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Domestic Relations – Spousal Support Modification – Social Security Income (access required)

Where husband’s income has declined because he has retired and now draws Social Security, and wife’s income has increased because she now receives her own Social Security benefits, but she continues to work part-time as a waitress in a position ...

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