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Abshire v. COMMONWEALTH

Evidence was sufficient to prove appellant's conduct was deliberate, willful, and so gross and wanton as to show a reckless disregard for human life.

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Reeves v. COMMONWEALTH

Appellant failed to prove an irregularity in the impaneling of the jury panel, the trial court did not err in denying his motion for a new trial.

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Holohan v. Holohan

The trial court did not err in the amount of its award of spousal support to wife, in determining the child support award, and in its denial of attorney's fees to wife

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Ash v. Ash

Appellant failed to meet her burden to overcome the presumption that the severance package was entirely husband's separate property

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McDonald v. Minton

Summarily affirmance: No error in the award of attorney's fees to appellee;case remanded to determine proper amount of the award

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Benthall v. Benthall

The trial court abused its discretion in reducing the spousal support award;reverse trial court decision and dismiss appellee's petition to modify spousal support

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Branch v. COMMONWEALTH

No error in trial court's determination of guilt, appellant was convicted of a felony and thereafter, knowingly and intentionally purchased, and consequently possessed, the firearm.

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Feldman v. Feldman

As spousal support must be determined before child support obligation is determined, judgment of trial court is reversed and appellee's petition to modify spousal support is dismissed.

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Floyd County School Board, et al v. Woolwine

Summary affirmance: No error in commission's decision finding appellee's condition and treatment are related to injury by accident, naming his authorized treating physicians and making any referrals by those physicians employer's responsiblity.

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Bragg v. COMMONWEALTH

Evidence supports the trial court's finding that appellant entertained a separate and distinct intent to commit the various acts of embezzlement.

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Finnerty v. Thornton Hall, Inc.

The trial court, therefore, correctly found that DMAS failed to make its initial determinations within the four-year limitation period set forth in Code § 32.1-325.1:1(B).

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McNeese v. Taylor

Summarily affirm the decision of the trial court;remand the case for a determination of husband's attorney's fees and costs incident to this appeal.

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Shipman v. Kruck

A cause of action for legal malpractice accrued at the time of the attorney's breach, subject to the continuous representation rule. Therefore, the plaintiffs had three years from the end of the attorney's representation of them in which to file their claim. Since the action was commenced almost three years and eight months later, the trial court did not err in granting the defendant's plea in bar of the statute of limitations. The judgment is affirmed. (Revised 3/31/04)

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Kingsbur v. Commonwealth

The trial court correctly concluded that, in spite of its being in a state of disrepair, a handgun that was found in the defendant's possession was a firearm for purposes of Code &#167 18.2-308.2 and did not err in refusing to grant the defendant's motion to strike the evidence supporting his conviction for unlawful possession of a firearm by a convicted felon. The judgment of the Court of Appeals upholding the defendant's conviction is affirmed.

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Elliott (Larry) v. Commonwealth

The automatic review of defendant's death sentence is consolidated with appeal of his capital murder and other non-capital convictions. Upon considering the issues raised by the defendant and conducting the mandated review of the imposition of the death penalty in this case, no error is found in the judgment of the trial court. The judgment and the sentence of death are affirmed. (Revised 3/31/04)

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King George Serv. Authority v. Presidential Servic

The circuit court was correct in specifically enforcing an agreement for the purchase of a private water company's existing water system by a county service authority under an agreement ratified by the authority's board, but erred in directing the authority to purchase other water and sewer system facilities because there was no resolution of the authority's board authorizing or ratifying a further agreement. The decree is affirmed in part and reversed in part.

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Harrison-Wyatt LLC v. Ratliff

The trial court correctly ruled that where a surface owner of a tract of land, or his predecessor-in-title, has conveyed all the coal in and under his land, title to the coal bed methane gas in the tract has not passed to the coal owner along with the coal. The trial court's judgment is affirmed. (Revised 4/1/04)

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Commonwealth v. Duncan

The Court of Appeals erred in reversing a circuit court's holding that a defendant's acts and omissions in the care of his six-month- old son were "so gross, wanton and culpable as to show a reckless disregard for human life" under Code &#167 18.2-371.1. The judgment of the Court of Appeals is reversed and the defendant's conviction for child abuse and neglect is reinstated in accordance with the circuit court's judgment order.

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Gambrell v. City of Norfolk

In a personal injury action involving a "slip and fall" accident on snow and ice in a municipal parking lot, the evidence was sufficient to support the circuit court's decision sustaining the city's special plea of sovereign immunity since the action related to governmental functions after a major snow storm.

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Washington v. United Parcel Service

In a workers' compensation appeal, the Court of Appeals erred in addressing an issue of causal connection that was not properly before that court and not properly before the Commission. As a result, there was no basis for concluding that the claimant would be unjustly enriched by receiving benefits to which he was not entitled. A prior award of benefits remains valid, and the refusal to assess a 20% penalty was error. The judgment is reversed and the case is remanded for further proceedings. (Revised 3/8/04)

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The Dunbar Group LLC v. Tignor

In litigation involving the requested expulsion of a member of a limited liability company and an application for judicial dissolution of that entity, the trial court's judgment is affirmed in part, reversed in part, and final judgment is entered.

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Wright v. Kaye

In a medical malpractice action, the trial court erred in striking the plaintiff's expert witnesses and granting summary judgment for the defendant doctor. The court also erred in failing to grant certain in limine motions to exclude the discussions about risks of surgery and to bar certain hearsay statements. Other in limine motions were correctly decided. The judgment of the trial court is affirmed in part, reversed in part, and remanded for further proceedings.

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Lewis v. Commonwealth

No error is found in a review of the sentences of death imposed upon defendant after her guilty plea to charges of capital murder for hire in violation of Code &#167 18.2-31(2), robbery and related firearms offenses. There is no reason to commute the death sentences, and the judgment of the circuit court is affirmed.

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Beck v. Shelton

The trial court did not err in concluding that members-elect of a public body are not "members" under the plain language of The Freedom of Information Act (FOIA) and that a neighborhood street gathering was not a "meeting" under the FOIA, but did err in concluding that the e-mail communications used in this case constituted a "meeting" under the FOIA. The judgment is affirmed in part and reversed in part, and final judgment is entered. (Revised 4/1/04)

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Bates v. Commonwealth

In a wrongful death action against the Commonwealth under the Virginia Tort Claims Act, a notice of claim naming a university medical center was sufficient to comply with the requirements of Code &#167 8.01-195.6 for identification of the "place" where the injury was alleged to have occurred. The trial court erred in sustaining a plea of sovereign immunity and dismissing the claim with prejudice. The judgment is reversed and the case is remanded for further proceedings.

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Barkley v. Wallace

Because the circuit court erred in ruling that evidence of a personal injury plaintiff's medical bills and expenses that were discharged in bankruptcy was inadmissible for the limited purpose of proving her pain and suffering caused by the accident, the judgment is reversed and the case is remanded.

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