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Opinion Digests

Creditor's Rights – Garnishment – Principal's Contract Funds – Surety (access required)

A supplier that was owed money under a contractor’s contract with the Virginia Department of Transportation cannot garnish the department for funds it retained after the contractor defaulted on the contract and the contractor’s surety stepped up as indemnitor; the ...

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Criminal – Pro Se Defendant – Malicious Wounding (access required)

Defendant, a college graduate, intelligently and voluntarily waived the right to counsel by signing waiver forms where two lower court judges signed forms stating that the waiver was voluntary and knowing. Defendant was arrested and charged with malicious wounding, use ...

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Domestic Relations – Equitable Distribution – Pension (access required)

Although the marital home was titled in husband’s name and was 80 percent complete prior to the parties’ marriage, the wife is entitled to an equitable distribution award of nearly one-half of the net equity in the home traceable to ...

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Workers' Comp – Misrepresentation Of Physical Condition – Shipfitter (access required)

A shipfitter who indicated he had prior back trouble, had had back surgery and had collected workers’ comp benefits because of his back, did not misrepresent his physical condition on his application for a job as a “shipfitter,” and his ...

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Domestic Relations – Child Support – PSA – Shared-Custody Statute (access required)

Although this court earlier remanded this case for the trial court to consider modifying husband’s child support obligation after enactment of Virginia’s shared-custody statute, and although husband paid $844 per month in child support under the parties’ property settlement agreement, ...

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Domestic Relations – PSA – Reimbursement Of Wife – Husband's Separate Debt – Lien On Marital Residence (access required)

Dueling “hold harmless” provisions in the parties’ property settlement agreement allow the wife to require husband to reimburse her for paying off a note secured by the marital home, that husband had separately pledged as restitution for his larceny from ...

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Workers' Comp – Limitations – Change In Condition (access required)

Claimant’s application for a change in condition was too late under Va. Code § 65.2-708(A) because the 24-month period under that statute runs from the “last day for which compensation was paid,” not from the last day on which compensation ...

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