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Schwartz v. Commonwealth

The circuit court did not err in finding defendant guilty of three counts of arson where the facts showed that two vehicles and a home were destroyed by fire ignited on one of the vehicles. The judgment of the Court of Appeals confirming these convictions is affirmed.

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Video Zone, Inc. v. KF&F Properties

The circuit court did not err in holding that the terms of a commercial lease required a tenant to replace certain heating, ventilation, and air conditioning equipment located primarily on the roof of the leased premises. The judgment is affirmed.

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MacNeal v. Town of Pulaski Bd. of Zoning Appeals

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Maddox v. Commonwealth

In a personal injury claim arising out of a bicycle accident, the trial court did not err in dismissing the action on grounds of sovereign immunity. The nuisance claims in this case are precluded by the legislative function exception to the Commonwealth?s waiver of sovereign immunity in the Virginia Tort Claims Act. The judgment is affirmed.

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Bd. of Zoning of the City of Virginia Beach v. Pennington

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Southern Floors and Acoustics v. Max-Yeboah

In a personal injury action against a grocery store, the issue of contributory negligence was properly submitted to the jury, but the court erred in instructing the jury that the store could be liable for the negligence of an independent contractor working on the floors. The store did not have a duty to supervise the work and did not have actual or constructive knowledge of the condition causing plaintiff's injury. Final judgment is entered affirming in part and reversing in part.

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Cooner v. Cooner

The trail court did not err in finding a material change of circumstances that warranted a review of the custody of G.C. and B.C., giving undue influence to the preferences of G.C. and B.C., and finding the evidence sufficient to award custody of N.B and T.B. to husband, who was a non-parent.

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BUDNICK v. BUDNICK

The trial court did not err in adopting the commissioner's report; in its equitable distribution award, including a separate monetary award to wife; in its refusal to impute income to wife; or in its award of attorney's fee to wife.

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Gray v. COMMONWEALTH

The evidence was sufficient for the trial court to find that appellant willfully, wantonly and culpably inflicted serious injury on his son such that he demonstrated a reckless disregard for human life.

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Hicks v. COMMONWEALTH

No error in the trial court's pretrial amendment of the indictment or its final judgment finding appellant guilty of statutory burglary.

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Hicks v. COMMONWEALTH

Sufficient evidence supports appellant's conviction of possession with intent to distribute cocaine. The trial court did not err in convicting appelant for this offense.

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Wyche v. COMMONWEALTH

The trial court did not err in finding that the victim's death was caused by appellant's unlawful and criminally negligent conduct.

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Branch v. COMMONWEALTH

Evidence sufficient to prove beyond a reasonable doubt that appellant maliciously and intentionally struck the victim in the face without provacation with the intent to inflict serious injury.

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WILLIAMS v. COMMONWEATH

Evidence was sufficient to prove appellant possessed cocaine with the intent to distribute it. Police properly impounded the vehicle appellant was driving because he could neither produce proof of ownership nor a valid driver's license.

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McKenney v. COMMONWEALTH

Appellant's motions were filed more than twenty-one days after the entry of the final sentencing order entered on December 18, 2001, the trial court did not err in dismissing for lack of jurisdiction appeallant's motion to modify his sentence and to reconsider the denial of his motion to withdraw his guilty plea.

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Orbe v. Johnson

The trial court did not err in refusing injunctive relief staying appellant's execution because it lacked power to grant such relief and because a declaratory judgment action could not serve as the vehicle for obtaining such relief, due to the removal of appellant's claimed constitutional issues from actual controversy by operation of a statute under which he was deemed to have selected the method of his execution. Appellant's appeal and his request for a stay of execution are denied.

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Payne v. COMMONWEALTH

The first two issues are procedually barred. The third issue, the trial court did not abuse its discretion in admitting the contested testimony.

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Massa v. Massa

The trial court did not err in its award of spousal support to wife;denying husband's request to impute income to wife; and denying attorney's fees to either party.

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Booker v. COMMONWEALTH

Upon rehearing en banc, the trial court did not err in refusing to allow defense counsel to question a witness about pending charges.

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