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Barris v. Keswick Homes, L.L.C.

The trial court erred in ruling that a lot in a residential subdivision is no longer subject to a restrictive covenant prohibiting resubdivision without prior written consent of three-fourths of the current lot owners. The judgment is reversed and the case remanded for further proceedings.

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McGehee v. Edwards

The trial court erred in concluding that the term "direct lineal descendants" used in certain inter vivos trusts created prior to 1978 includes adopted persons. The decree is reversed and final judgment is entered.

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Brake v. Payne

After a plaintiff who lacked standing to bring an action took a nonsuit, the circuit court ruled correctly in a second action ? by a proper plaintiff ? in allowing a nonsuit as a matter of right because the plaintiff without standing and the proper plaintiff in the second action were not suing in the same right. However, the court erred by entering that nonsuit order nunc pro tunc to a date 18 months earlier when the motion for nonsuit was filed. The judgment is affirmed in part, reversed in part, and the case is remanded.

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Turner v. Caplan

In a case concerning whether the pasturing of a horse within a residential subdivision either violated certain restrictive covenants and exceptions thereto set out in a recorded declaration, or constituted an enjoinable nuisance, the trial court erred in its interpretation of the legal effect of the covenants and exceptions. While it did not err in finding that a nuisance existed, the court erred in the scope of the remedy it prescribed on that basis. The case reversed in part and affirmed in part, and remanded to the trial court.

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Stottlemyer v. Ghramm

In a medical negligence action, the circuit court did not err in refusing to permit the plaintiff to cross-examine the defendant physician regarding alleged prior acts of negligence and misconduct. The judgment is affirmed.

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Rose v. Jaques

In a personal injury action, the trial court did not err in granting the parties the right to file, pursuant to Code § 8.01-428(C), a notice of appeal from an earlier order entering judgment, and therefore defendant's notice of appeal was timely filed. Issues concerning plaintiff's contributory negligence, the trial court's questioning of a witness, availability of damages for deposition-related stress, exclusion of evidence, propriety of closing argument, and excessiveness of the verdict are addressed. The judgment is affirmed.

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HUDGINS v. COMMONWEALTH

Appellant's acquittal on the robbery indictment acted as an acquittal of the lesser-included offense of larceny and the Double Jeopardy Clause barred the subsequent attempt to convict appellant of grand larceny from the person.

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EMERSON v. COMMONWEALTH

Evidence presented is sufficient to prove beyond a reasonable doubt that appellant possessed the cocaine with the requisite intent to distribute it.

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CARWLEY v. FORD

Without evidence, or a proper record of proceedings during which the agreement was made, this Court simply cannot conduct an examination of the circumstances in order to determine whether the trial court erred.

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Johnson v. Johnson

The trail court determined that husband did not meet his burden of proof and accordingly denied his motion to abate spousal support.

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EDMONDS v. COMMONWEALTH

Because the trial court did not indicate that it was taking judicial notice of the fact that the warrant gave appellant notice of the hearing, it deprived her of the "opportunity to be heard either to dispute the 'fact' or to object to the court's action."

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Deecheandia v. COMMONWEALTH

The evidence supported the trial court's inference that appellant believed he was corresponding via the internet, and thus attempting to expose himself to, a child.

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SMITH v. SMITH

The court erred in refusing to enforce the prenuptial agreement, but finding no fault with the court's distribution of the martial home or award of fees.

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Nelson v. COMMONWEALTH

No error in trial court's discretion in ordering, as a condition of probation, that appellant not operate motor vehicle for twenty years

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Wilson v. COMMONWEALTH

No error in trial court's refusal to allow appellant to withdraw his Alford pleas to second-degree murder, malicious wounding and use of a firearm in commission of murder

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LEWIS v. COMMONWEALTH

Trial court did not err in failing to grant mistrial or in overruling objection to improper impeachment testimony; one count of attempted robbery is reversed and dismissed as evidence not sufficient to sustain conviction

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STROUT v. CITY OF VIRGINIA BEACH

The Court cannot harmonize the local and state provisions because the Virginia Beach ordinance establishes a penalty, which exceeds the penalty "prescribed by general law for" the "like" offense; conviction reversed.

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Elliott v. Elliott

Summarily affirmance: No abuse of discretion in the judge's custody determination. The record demonstrates that the trial judge carefully weighed the evidence, considered the factors set forth in Code § 20-124.3, as required by Code § 20-124.2, and made extensive findings; the parties request for costs and attorney's fees is denied.

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NISBET v. CITY OF VIRGINIA BEACH

The Court cannot harmonize the local and state provisions because the Virginia Beach ordinance establishes a penalty, which exceeds the penalty "prescribed by general law for" the "like" offense; conviction reversed.

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