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Contract – Parol Evidence – Ambiguity – Identity Of Third-Party Beneficiary (access required)

An apartment construction subcontract between the general contractor and a subcontractor hired to build a fire protection system is unclear and ambiguous because one clause of the contract identifies the owner on the project as a development corporation that was ...

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Domestic Relations – Child Support – Imputed Income For Father (access required)

The trial court erred in declining to impute income to the father who had left his job to become self-employed, and that ruling is reversed and the case remanded for determination of a child support award; in all other respects, ...

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Domestic Relations – Lump-sum Spousal Support – Necessities (access required)

The wife’s lump-sum spousal support award is reversed as an abuse of discretion. Both the commissioner and the chancellor failed to demonstrate the compelling reasons or special circumstances for granting wife a lump-sum spousal support award under Va. Code § ...

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Criminal – Firearm Use – Toy Pistol (access required)

A defendant who used a realistic-looking toy gun to rob a store may be convicted of robbery because the toy gun intimidated the store clerk into giving him the money, but the defendant may not be convicted of using a ...

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Domestic Relations – Child Support – RURESA – Florida ADC Payments (access required)

The mother’s agreement not to seek child support payments from father in exchange for his lump-sum payment to her is void because the parents cannot contractually impair the child’s right to support from them. The agreement violates Kelley v. Kelley, ...

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Criminal – Jury Instruction – Intent To Rob (access required)

In defendant’s trial for first-degree murder and robbery, the trial court erred in responding to a jury inquiry about the time at which an intent to rob existed with a statement that any intimidation or violence must precede or be ...

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Domestic Relations – Spousal & Child Support – Payment Of Wife's Expenses (access required)

A trial court order requiring husband to pay certain debts on wife’s behalf, including loan payments, insurance premiums and real estate taxes, all to be deemed spousal support, is reversed and the case remanded for a redetermination of support. Although ...

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Workers' Comp – Refusal To Submit To IME – Claimant's Excuses (access required)

The commission properly held that claimant’s benefits should not resume until she actually attends the independent medical examination to which her employer is entitled under Va. Code § 65.2-607. The commission’s finding that claimant unjustifiably refused to submit to the ...

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