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Author Archives: Virginia Lawyers Weekly

Civil Practice – Default Judgment – Unnotarized Affidavit (access required)

Although the only evidence in support of the default judgment was an unsworn affidavit, the judgment nevertheless will not be set aside. Default judgments are considered valid and not void where the trial court had territorial jurisdiction, subject matter jurisdiction ...

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Commercial – Creditor's Rights – Garnishment – Civil Practice – Appeals (access required)

Where plaintiff earlier obtained a $1.5 million judgment against defendant in an auto accident personal injury case, and after receiving partial satisfaction from one insurance company, plaintiff then obtained a declaratory judgment that another company’s excess liability policy covered defendant ...

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Real Property – Deed In Lieu Of Foreclosure – Equity Of Redemption (access required)

Where the lender required debtor, an elderly woman who had resided on the property for some years and had repurchased the property from the lender (who had purchased the property when debtor defaulted on an earlier mortgage and the property ...

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Domestic Relations – Equitable Distribution – Valuation Of Medical Practice – Goodwill (access required)

Where the commissioner found that although the husband worked long hours in his practice as a cardiologist, the wife made the overwhelming nonmonetary contributions to the marriage and that wife’s social and civic involvement helped support and promote her husband’s ...

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Domestic Relations – Social Security – Equitable Distribution (access required)

Although the court in this equitable distribution proceeding finds that during the marriage, a portion of the husband’s earnings which are marital property were contributed to social security as mandated by law, that the husband’s employer includes the husband’s projected ...

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Insurance – Loss Of Car – False Pretenses Or Trick (access required)

Where the insured, a car dealer, had an arrangement with a party who took delivery of a vehicle for export, for which he paid partly in cash and partly by check, with the understanding that the check was not to ...

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Real Property – Condo Parking Spaces – Auto Repair Business – Injunction (access required)

Where complainant, who operates an auto body shop in a condominium where the other units are occupied primarily by construction and building businesses, has been using between 45 to 80 of the 110 available parking spaces of the condominium’s common ...

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Commercial – Suit On Note – Limitations – Lender's Death (access required)

Where decedent had loaned defendant $15,600, evidenced by a written note dated Nov. 4, 1985, which provided for monthly installment payments of $200, automatic acceleration in case of default on a monthly payment, and a balloon payment due Nov. 4, ...

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Domestic Relations – Desertion – Business Valuation (access required)

Where husband, since 1982, maintained his business in another location and had only “four or five hours” contact per month with his wife and four children, and husband began a relationship with another woman and ultimately took up residence with ...

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