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LOPEZ v. LOPEZ

For the purposes of determining spousal support the trial court erred in considering wife's inheritance as income. Remand for reconsideration of spousal support award.

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COMMONWEALTH v. ERMIAS

The police officer had reasonable suspicion to search the vehicle; trial court?s decision reversed and case remanded for further proceedings.

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WEST v. COMMONWEALTH

Trial court did not err in convicting appellant of driving under the influence, involuntary manslaughter, and aggravated involuntary manslaughter.

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Carter v. Meadowgreen Associates

Under applicable federal and state law relating to tenancy in an apartment subject to rent subsidization by the federal Department of Housing and Urban Development, a tenant's family member, residing in leased property with the consent of the landlord, does not succeed to the tenant's rights under the lease upon the death of the tenant.

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Cook v. Commonwealth

Under Code § 16.1-271, the juvenile and domestic relations district court lacks jurisdiction over a juvenile who has previously been certified to the circuit court and indicted by a grand jury as an adult on charges that were later nolle prosequied. The circuit court's refusal to dismiss subsequent charges against the present defendant was correct. The judgment of conviction is affirmed.

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Quadros & Associates v. City of Hampton

The circuit court did not err in granting summary judgment in a breach of contract action where the terms of the agreement were plain and unambiguous, and did not require the defendant city to provide to the plaintiff law firm either a specific quantity of work or certain information that would facilitate the timely completion of such work. The judgment is affirmed.

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Walker v. American Ass'n of Prof. Eye Care Specialists

The trial court erred in concluding that an attorney, by delivering to the trial court clerk's office a pleading signed by a pro se plaintiff, became "counsel of record." The court erred in dismissing the motion for judgment with prejudice for being improperly signed by the individual party. The judgment is reversed and the motion for judgment is reinstated on the trial court's docket. The case is remanded.

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Gray v. Rhoads

In a case arising from the fatal shooting of plaintiff's decedent by a police officer, the circuit court erred by refusing to allow plaintiff to introduce into evidence the transcripts of audio-recorded statements by certain police officers as party admissions in the plaintiff?s case-in-chief. The judgment is reversed and the case is remanded for a new trial.

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Commonwealth v. Sanchez

The Court of Appeals erred in finding that a hit-and-run defendant's conclusory proffer in support of a request for additional funds to secure trial testimony from a DNA expert showed the required ?particularized need.? The trial court did not abuse its discretion in denying the defendant's request. The judgment of the Court of Appeals is reversed and defendant?s conviction is reinstated.

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Barrett v. Commonwealth

The evidence was sufficient to sustain the defendant's conviction under Code § 18.2-371.1(A) of a Class 4 felony for criminal neglect of her ten-month-old son, resulting in his death, and her conviction pursuant to Code § 18.2-371.1(B) of a Class 6 felony for criminal neglect of her daughter, aged two years and ten months. Changes in the charges after a prior reversal of her convictions were not shown to be vindictive, and the trial court correctly refused to quash the additional indictment. The convictions are affirmed.

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Johnson v. Windsor Insurance Company

The trial court erred in ruling under Code § 38.2-2204 that an insurer was not required to provide automobile liability coverage for a named insured alleged to have negligently entrusted the insured vehicle to a permissive user where the insurer had already paid the "per person" policy limit in settlement of a negligence claim against the permissive user. The judgment is reversed and the case remanded.

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Shilling v. Jimenez

The trial court did not err in sustaining a demurrer to an action by two landowners, aggrieved by the local governing body's approval of a subdivision of neighboring property, attacking that approval indirectly by suit against the subdividers and their successors in title. The judgment is affirmed.

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Christian v. Surgical Specialists of Richmond

The trial court erred in refusing to qualify as an expert witness a physician called by a medical malpractice plaintiff, after hearing evidence about his familiarity with the standard of care in Virginia. The judgment is reversed and the case is remanded.

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Waikoloa Ltd. Partnership v. Arkwright

In a case involving four limited partnerships, the chancellor correctly held that dissolution occurred when a managing partner's physical condition amounted to effective retirement, and that under express terms of the parties' agreements it was the remaining general partner's duty to sell or liquidate the assets of the partnerships. However, the chancellor erred in ruling that a successor partnership was required to make payments to limited partners in the original four partnerships based on a particular appraisal. The judgment is affirmed in part, reversed in part, and final judgment is entered.

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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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