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Hoffman v. Hoffman (52932)

No trial court error in failing to award appellant spousal support; not reserving for her a right to future spousal support; admitting into evidence the probate file of husband's father; admitting audiotapes of her arguments with husband, and not awarding her attorney's fees.

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Dibich v. Dibich

The trial court's determination of the marital values in the several properties is supported by the evidence before it. No error in the trial court's equitable distribution award.

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Goodman v. COMMONWEALTH

The entry into appellant's property without a warrant under the circumstances of this case was unlawful, and the trial court erred in denying appellant's motion to suppress.

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Dotson v. Dotson

The trial court properly applied the governing statute on equitable distribution to the farm property. The evidence in the record supports the court's findings on classification, donative intent and division. No error or abuse of discretion in the trial court's award.

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McClam v. COMMONWEALTH

Probable cause supported an arrest for trespassing and , under the procedural posture of this case, that the trial court's denial of the motion to suppress did not constitute reversible error.

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COUREMBIS v. COUREMBIS

The trial court's allocation of the assets was supported by the evidence and the law; case remanded to the trial court for an award of attorney's fees to wife.

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Viney v. COMMONWEALTH

The evidence was sufficient to prove that appellant's movement of his shorts, combined with the eye movement described by the complainants, was enough to deduce that his intent was lascivious.

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WILLIAMS v. COMMONWEALTH

A conviction under the statute required proof only that appellant made a willfully false material statement on the registration form and did not require proof that the form apprised him such a statement would constitute election fraud.

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Webb v. Webb

The trial court erred in determining the marital share of husband's retirement account at a date other than the date of the parties' separation.

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JONES v. DAVIS

The trial court erred in allowing credit for non-conforming payments in this case where no agreement as to child support existed between the parties and no petition for modification of support was pending during the period for which credits were awarded. Case is reversed and remanded with direction that a judgment be entered against father for arrearages.

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Jones v. COMMONWEALTH

The evidence proved the Department sent appellant a letter informing him of the 1996 habitual offender adjudication. Thus the evidence was sufficient to sustain appellant's conviction of feloniously operating a motor vehicle on May 24, 1999 after being declared a habitual offender.

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Virginia Tech. v. Interactive Return Service

The circuit court did not err in admitting evidence of consequential damages in a breach of contract action concerning assignment of intellectual property rights arising out of a privately sponsored research program at a public university, because a reasonably prudent person in the position of the contracting parties would have considered these damages to be the natural consequences of a breach of the agreement. The judgment of the circuit court is affirmed.

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Lifestar Response of Maryland v. Vegosen

Plaintiff?s failure to serve the required notice along with the motion for judgment in a personal injury suit meant that defendant never received "process." The trial court thus lacked jurisdiction over defendant and erred in entering a default judgment. Since the process was defective, rather than the manner of service, the savings provision of Code § 8.01-288 does not apply. The default is vacated and the judgment is reversed. The case is remanded.

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Milteer v. Commonwealth

The evidence was sufficient to sustain defendant's conviction under Code § 59.1-41.3 for knowing possession of illegally reproduced videocassettes for sale, and that conviction is affirmed. A charge for possessing compact discs that did not disclose their true manufacturer (a counterfeiter) is dismissed because Code § 59.1-41.4 does not independently criminalize failure to abide by its labeling requirements. A related probation revocation disposition is reversed and remanded for further proceedings.

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Cochran v. Fairfax Cty. 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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Filak v. George

In an action alleging breach of contract and constructive fraud based on an insurance agent's alleged failure to procure a fire insurance policy with certain provisions, the circuit court did not err in sustaining the defendant's demurrer to a constructive fraud claim and in striking the plaintiff's evidence on a breach of contract claim. The judgment is affirmed.

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Dandridge v. Marshall

In a personal injury action, the trial court erred in excluding certain testimony proffered by the plaintiff and allowing other testimony over objection. The judgment is reversed and the case is remanded for a new trial on the issue of damages.

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Slagle v. Hartford Insurance Company

The trial court erred in denying summary judgment for an injured plaintiff, who was "using" a tractor-trailer in a manner contemplated by Code § 38.2-2206(B) when he was injured and, thus, was entitled to underinsured motorist coverage despite the fact that he had neither previously occupied nor immediately intended to occupy the tractor-trailer at the time of his injury. The judgment is reversed and final judgment is entered for plaintiff.

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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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