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Author Archives: Virginia Lawyers Weekly

Domestic Relations – Spousal Support – Wife's Job Termination – Relocation (access required)

Although the trial court’s earlier letter opinion awarding complainant wife a divorce and spousal support mistakenly stated that the wife gave up her job in Pittsburgh, Pennsylvania in order to relocate to Virginia, where husband resided, the court in fact ...

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Civil Practice – Final Judgment – Modification – Clerical Error (access required)

Although the attorney contends the court has retained the authority to modify a final order in order to correct clerical mistakes, the clerical mistake the attorney cites is one by counsel, not by the court. Counsel’s theory was that Va. ...

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Tort\Negligence — Conversion – Tax-Deferred Exchange (access required)

Where defendant lawyer, who was managing agent and director of a corporation which functioned as a qualified intermediary in tax-deferred exchanges under I.R.C. § 1031, accepted $660,000 from plaintiff for future investment in rental properties, but defendant only purchased two ...

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Civil Practice – Nonsuit – New Allegations – Tort/Negligence – Slip & Fall – Handicap Ramp Condition (access required)

Where plaintiff nonsuited his original case in which he alleged that defendant restaurant was “negligent in failing to recognize the danger that then and there existed, in failing to repair and/or maintain” a handicap ramp in good repair, and in ...

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Wills & Trusts – Testamentary Intent – Holographic Writing (access required)

Where proponents of the holographic writing discovered the writing on the back side of a hardware receipt, among the papers of decedent’s sister, and the writing made a disposition of the proceeds of the sale of decedent’s property, but did ...

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Workers' Comp – Apportioning Attorney's Fees – Third-Party Settlement (access required)

Where a school board employee’s workers’ compensation benefits were suspended following a settlement between the employee and the third-party tortfeasor who injured her in an automobile accident, the Court of Appeals erred in reversing the order of the Workers’ Compensation ...

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Criminal – Stay Of Execution – Jurisdiction (access required)

Where the trial court concluded that it lacked jurisdiction to grant a stay of execution to a prisoner who had exhausted his remedy of direct appeal and had requested court-appointed counsel under Code § 19.2-163.7, but had not filed a ...

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