Chapter 2: Searching the Archives
Published: April 28, 2008
As you begin to acquaint yourself with Virginia Lawyers Weekly’s new Web site, you most likely will want to take advantage of what is unquestionably the core of the site – the Archives.
The online Archives contains all material published in the paper since 1993, including news articles, opinion digests, verdict & settlement reports and special [...]
Criminal - Suppression Motion - Traffic Stop - Interrogations 
Published: April 28, 2008
A defendant wanted for multiple capital murders in Virginia who was apprehended by police in the Bronx, New York, after the vehicle in which defendant was a passenger was stopped for turning right through a red light cannot suppress statements he later made by challenging the traffic stop or the subsequent interrogations, except for an [...]
Civil Procedure - Default Judgment - Faulty Service - Curing Statute
Published: April 28, 2008
A circuit court denies defendant’s motion to vacate a default judgment against him based on faulty service of process, in that the case and summons originally were styled against “Paul E. Suplizio,” defendant’s father, instead of “Paul A. Suplizio,” which is defendant’s name.
The issue in this case is whether identifying the defendant with a different [...]
Contract - Volunteer Fire Company - Pumper Purchase
Published: April 28, 2008
A county’s denial of a volunteer fire company’s request to purchase a fire truck on credit, directive to return the fire truck the company ordered without approval and request to removal the company’s board of directors did not violate a Fire Services Agreement between the company and the county because the county had plenary authority [...]
Medical Malpractice - Consolidation - Reconsideration
Published: April 28, 2008
A circuit court declines to reconsider its earlier decision denying plaintiff’s motion to consolidate his two medical malpractice actions against two different physicians.
Plaintiff argues that the holding in Clark v. Kinnach, 198 Va. 737 (1957), is supportive of his argument that the court erred in refusing a consolidation of these two med-mal cases. It is [...]
Criminal - Public Drunkenness - Local Ordinance
Published: April 28, 2008
A defendant charged with public drunkenness in violation of a local Loudoun County Ordinance, Section 654.03, cannot be convicted of public intoxication in violation of Va. Code § 18.2-388.
The charged ordinance states that “No person who has arrived at the age of discretion shall be drunk in public.” The comparable or parallel provision in the [...]
Real Estate - Homeowners Association - Attorney’s Fees
Published: April 28, 2008
A homeowner who prevailed in an action against a homeowners association governed by the Property Owners’ Association Act, Va. Code §§ 55-508 to -516.2, may be entitled to attorney’s fees under the statute and under White v. Boundary Ass’n Inc., 271 Va. 50 (2006), and plaintiff homeowner may seek a fee award in its motion [...]
Criminal - Stalking - Defendant’s Repeat Appearances
Published: April 28, 2008
A defendant who was unknown to a woman but who was observed several times in the street in front of her home, pacing, hiding and rapidly departing when police were called, and who appeared on her front porch one night, peered into her home, and uttered “weird, strange stuff” when she confronted him, and whose [...]
Domestic Relations - Husband’s Mortgage Payments - Wife’s Cohabitation
Published: April 28, 2008
Although the parties’ agreement stated that husband’s continued mortgage payments would be “in the nature of support” for wife and would not be dischargeable in bankruptcy, the agreement was ambiguous as to husband’s continued obligation in the face of wife’s cohabitation, and the trial court did not err in interpreting the agreement to terminate husband’s [...]
Domestic Relations - Equitable Distribution - Hybrid Marital Home
Published: April 28, 2008
A divorce court did not err in classifying as hybrid property the marital home, which husband had owned prior to the parties’ 1997 marriage but mortgage payments were made with marital funds, and in awarding wife $32,000 for her share of the house.
The parties were married for eight years, during which time both parties made [...]
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here for more info.
