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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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Friendly Ice Cream Corp. v. Beckner

In a suit to rescind a commercial lease amendment, the lessor was not entitled to a presumption of undue influence, and the chancellor erred in granting rescission based on such a presumption, where the record was insufficient to support either the finding that the lessor had a confidential relationship with the lessee's representative or that the amendment was either given in exchange for grossly inadequate consideration or was obtained under suspicious circumstances. The decree rescinding the lease amendment is reversed and final judgment is entered in favor of the lessee.

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Atkinson v. Penske Logistics, LLC

The trial court did not err in concluding that a waiver of uninsured motorist insurance coverage higher than the statutory minimum by a single named insured on a business vehicle insurance policy is binding upon all other named insureds on the policy under Code § 38.2-2206. The judgment is affirmed.

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Burns v. Warden (Order)

A portion of a prior order providing a limited grant of a Writ of Habeas Corpus is reinstated and the case is remanded to the circuit court for a jury determination of the petitioner's claim of mental retardation in accord with Code §§ 8.01-654.2, 18.2-10, 19.2-175, 19.2-264.3:1, 19.2-264.3:1.1, 19.2-264.3:1.2, 19.2-264.3:3, and 19.2-264.4.

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Horner v. Dept. of Mental Health

In an employment dispute involving an agency of the Commonwealth and one of its employees, resolved under a now-superseded version of the statutory provisions governing grievances and the powers of the first-level respondent to afford relief, the legislature provided the employee with the substantive right to be afforded a remedy by the first-level respondent. Once the employee accepted the remedy, the statutory scheme at the time precluded management from contesting the decision. The judgment of the Court of Appeals is reversed, and the judgment of the circuit court is reinstated. The case is remanded.

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Etherton v. Doe

The trial court erred in striking the plaintiff's evidence with respect to counts charging assault and willful and wanton conduct in a case arising from a non-contact altercation between the drivers of two automobiles. The judgment is reversed and the case is remanded for trial on both theories.

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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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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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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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ALLMAN v. COMMONWEALTH

The evidence was insufficient to prove his language was obscene, reversing and dismissing his conviction without considering whether he acted with intent to harass.

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Thornton v. Philip Morris USA, et al.

Summarily affirmance: No reversible error in denying claimant's claim for benefits, and finding that she failed to prove she sustained an injury by accident arising out of her employment on September 10, 2002.

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