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Opinion Digests

Domestic Relations – Child Custody – Boarding School Tuition (access required)

The trial court did not abuse its discretion in continuing custody with the mother in light of the teenage son’s desire to continue his boarding school education and to remain with the mother, and considering the mother’s attitude toward the ...

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Traffic Offenses – Leaving Scene Of Accident – Truck Over Embankment (access required)

Although defendant claimed he did not know the tractor-trailer he hit had gone over an embankment, but thought it had driven on, there nevertheless was sufficient contrary evidence, from a police officer’s investigation of the accident scene and the other ...

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Civil Practice – Nonsuit – Dismissal Of Counterclaim – Failure To Implead Assignor (access required)

Where plaintiff, an assignee of a drywall business’s accounts receivable, took a nonsuit, the creditor’s counterclaim for set-off against plaintiff is dismissed without prejudice to the creditor later raising the counterclaim as an independent cause of action or as an ...

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Criminal – Joinder – Co-defendant's Exculpatory Testimony (access required)

Where a husband and wife are charged with attempting to receive stolen property, and the husband indicated that he was prepared to offer testimony exculpating the wife if their trials remained bifurcated, but that he would invoke his Fifth Amendment ...

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Civil Practice – Discovery – Requests For Admission (access required)

Although plaintiff contends that defendant’s denials of certain requests for admission are inappropriate because another witness in deposition testified to the truth of the matter set forth in the requests, the other witness’s statements are irrelevant and the motion seeking ...

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Property – Boundary Dispute – Limitations – Adverse Possession (access required)

Where plaintiff partnership seeks to establish a boundary between a 19-acre parcel it purchased in 1992 and an adjacent tract, the court concludes that defendant owners have established their adverse possession of the disputed five-acre parcel. The court concludes that ...

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Commercial – Lease – Refusal To Consent To Sublease (access required)

Where neither the landlord nor the tenant were certain when the 20-year leasehold would expire, and the landlord responded to tenant’s request to sublease the premises with a letter stating the premises could not be sublet because the lease had ...

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Medical Malpractice (310457) (access required)

Repeal Of Tolling Provisions Although defendant may amend her grounds of defense to assert the statute of limitations, based on the repeal of the Medical Malpractice Act’s tolling provision in Va. Code § 8.01-581.2, the court concludes that the plaintiff ...

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Criminal – Welfare Fraud – Income From Job – Proving Receipt Of Income (access required)

Where the commonwealth, in prosecuting defendant for welfare fraud under Va. Code § 63.1-112, had her supervisor testify about her salary and authenticate her time cards, but the commonwealth inexplicably failed to prove the income received by defendant while working ...

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Attorneys – Disqualification – Conflict Of Interest – Real Estate & Divorce (access required)

Although wife’s counsel’s former and current law partners previously represented defendant husband in a real estate conveyance, creation of a family trust and general representation of a corporation in which the defendant was a one-third shareholder, wife’s counsel need not ...

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