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Monthly Archives: July 2005

LYSA SCHWARTZ v. ADAM SCHWARTZ

Trail court erred by admitting testimony about appellant from the children?s therapist without her consent; finding of contempt reversed; award of attorney?s fees vacated; case remanded for a determination anew in light of the evidence properly before the court

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SHERRI L. PATTERSON v. COMMONWEALTH

Appellate review of the claimed errors is barred under Rule 5A:18; appellant?s sentence on the stalking conviction and the trial court?s order requiring appellant to give a ?recognizance? for threatening bodily harm are affirmed

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TAMARA SILVIUS v. STEVE SILVIUS

Trial court did not err by restricting the mother?s use of alcohol and tobacco during visitation with her two children as the evidence was sufficient to justify the restrictions; trial court had jurisdiction to hear this case

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SCHWARTZ v. SCHWARTZ

Trail court erred by admitting testimony about appellant from the children?s therapist without her consent; finding of contempt reversed; award of attorney?s fees vacated; case remanded for a determination anew in light of the evidence properly before the court

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EPPS v. COMMONWEALTH

Trial court erred in ruling that a sitting circuit court judge was competent to testify at the contempt hearing; all other issues raised on appeal affirmed

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FLORIO v. CLARK, et al.

Trial court abused its discretion by excluding the updated home study and limiting the testimony of the licensed clinical social worker as the excluded evidence pertained to the child?s best interest; case remanded to the trial court for a new custody hearing

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PATTERSON v. COMMONWEALTH

Appellate review of the claimed errors is barred under Rule 5A:18; appellant?s sentence on the stalking conviction and the trial court?s order requiring appellant to give a ?recognizance? for threatening bodily harm are affirmed

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SILVIUS v. SILVIUS

Trial court did not err by restricting the mother?s use of alcohol and tobacco during visitation with her two children as the evidence was sufficient to justify the restrictions; trial court had jurisdiction to hear this case

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LAZARCHIC v. LAZARCHIC

Error in part in the trial court?s equitable distribution award; judgment is affirmed in part, reversed in part, and remanded to the trial court

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WILLIAMS v. BUCKINGHAM DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial judge did not err in terminating appellant?s parental rights to her two minor children as the evidence was sufficient to prove clearly and convincingly that termination of appellant?s parental rights was in her children?s best interest

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GORDON M. WITTERMAN v. COMMONWEALTH

Trial court did not err when it disallowed evidence of prior specific acts of violence by the victim; Rule 5A:18 bars appellant from raising the expert testimony argument as appellant did not preserve this argument for appeal

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CAROL A. DIELMAN v. ROBERT S. DIELMAN

Trial court abused its discretion by declining to enforce the terms of a valid post-separation agreement, as required by Code Section 20-109; trial court erred in ordering the immediate sale of the parties? marital home

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CHESAPEAKE BAY FOUNDATION, INC., et al. v. COMMONWEALTH, ex rel., et al.

Trial court did not err in finding that neither appellant satisfied the requirements for standing to sue in its own right; trial court erred in finding that Code Section 62.1-44.29 does not confer representational standing to either appellant; matter remanded to the trial court for a determination of whether the appellants have met the requirements of representational standing

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CAMPBELL, et al. v. COMMONWEALTH DEPARTMENT OF FORESTRY

Judgment of the trial court affirmed except as it pertains to that portion of the civil penalties attributed to April 23 and 24 as no evidence demonstrates a violation of the stop-work directive on those dates; matter remanded for a recalculation of the civil penalties

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WITTERMAN v. COMMONWEALTH

Trial court did not err when it disallowed evidence of prior specific acts of violence by the victim; Rule 5A:18 bars appellant from raising the expert testimony argument as appellant did not preserve this argument for appeal

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DIELMAN v. DIELMAN

Trial court abused its discretion by declining to enforce the terms of a valid post-separation agreement, as required by Code Section 20-109; trial court erred in ordering the immediate sale of the parties? marital home

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FITZGERALD v. FITZGERALD

Trial court erred in finding that the increased value of the service station property was marital property; matter remanded for a redetermination of the equitable distribution monetary award; all other issues raised on appeal are affirmed

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