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Opinion Digests

Evidence (access required)

Impeaching Own Witness The trial court did not err in refusing to permit defendant, who was charged with assault and battery of his estranged wife’s boyfriend, to impeach his stepson’s trial testimony based upon a transcript of a private investigator’s ...

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Domestic Relations – Equitable Distribution – Valuation Of Ring (access required)

Where the trial court valued a ring belonging to wife at $10,000, based on husband’s recollection of the purchase price, but wife produced the receipt for the ring’s purchase showing a price of $7,804, the trial court erred in valuing ...

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Workers' Comp – Return To Pre-Injury Work – Conflicting Medical Opinion (access required)

Although several physicians opined that claimant, an underground miner, was able to return to his pre-injury employment, the commission was entitled to accept the contrary opinions of other physicians, together with evidence of claimant’s failed attempts to return to work ...

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Published Orders (access required)

This case was reviewed en banc. The judgment of the trial court entered on Jan. 22, 1992, is affirmed without opinion by an equally divided court. The opinion previously rendered by a panel of this court on April 26, 1994 ...

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Civil Practice – Declaratory Judgment – Improper (access required)

Although the court earlier granted plaintiff’s motion for declaratory relief and determined that defendant’s prior default judgment against plaintiff did not involve fraud, the court concludes on rehearing that plaintiff’s motion is not a proper subject for a declaratory action. ...

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Civil Practice – Lemon Law – Limitations – Failure To List Co-Owner (access required)

Where plaintiff is suing under Virginia’s “lemon law” for her malfunctioning Chevrolet Beretta, the court cannot decide whether plaintiff’s claims are timely filed under that Act and the Virginia Consumer Protection Act because plaintiff has not included in her complaint ...

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Administrative – Public Procurement Act – Computer Contract (access required)

The circuit court declines to reverse a contract awarded by the Virginia Department of Information Technology to intervenor for the installation, testing and maintenance support of an integrated interactive computer system for the Virginia Medical Assistance program to use in ...

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Zoning – Grass Ordinance – Temporary Injunction (access required)

Where the Fairfax “grass ordinance” restricts growth in excess of 12 inches on residential lots under one-half acre in size, the county must demonstrate that its application of the restriction on the basis of lot size is an appropriate exercise ...

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