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Author Archives: Virginia Lawyers Weekly

Wills & Trusts – Executor's Compensation – Real Estate Commission (access required)

Although the executor of the testator’s estate was cloaked with the power to sell so much of the real estate as was necessary to satisfy the funding requirements of the trust, this does not automatically entitle him to a 5 ...

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Tort/Negligence – Medical Malpractice – Negligent Supervision – Emotional Distress – Substance Abuse Counselor (access required)

Although plaintiff alleges defendant hospital was guilty of “negligent supervision” of a substance abuse counselor who engaged in an intimate relationship with plaintiff’s girlfriend while both plaintiff and his girlfriend were enrolled in a substance abuse program with the counselor, ...

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Real Property – Foreclosure Sale – Wrong Address – Substantial Compliance (access required)

Where the advertising for the foreclosure sale used the correct street number but the wrong street name for the property to be sold, the court declines to reconsider its earlier decision ruling the foreclosure sale invalid because the advertisement did ...

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Zoning – Variance – Minimum Lot Width (access required)

The Board of Zoning Appeals was plainly wrong in granting the landowners a variance from the applicable minimum lot size width requirement, and the decision of the BZA is reversed. Having considered the record in this case, and having concluded ...

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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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