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OVERTON v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. OVERTON v. COMMONWEALTH November 3, 2000 Record No. 000552 Present: All the Justices ...

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FOWLER v. INTERNATIONAL CLEANING

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. FOWLER v. INTERNATIONAL CLEANING November 3, 2000 Record No. 000177 Present: All the ...

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COUNTRYSIDE ORTHOPAEDICS, P.C., et al. v. PEYTON

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. COUNTRYSIDE ORTHOPAEDICS, P.C., et al. v. PEYTON January 12, 2001 Record No. 000558 ...

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NAPERT v. NAPERT

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. NAPERT v. NAPERT January 12, 2001 Record No. 000562 Present: All the Justices ...

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WATERMAN v. HALVERSON, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. WATERMAN v. HALVERSON, et al. January 12, 2001 Record No. 000260 Present: Lacy, ...

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DORSEY v. ANGELONE

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. DORSEY v. ANGELONE April 20, 2001 Record No. 000566 Present: Carrico, C.J., Hassell, ...

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BLANTON, et al. v. AMELIA COUNTY, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. BLANTON, et al. v. AMELIA COUNTY, et al. January 12, 2001 Record No. ...

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HARRIS v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. HARRIS v. COMMONWEALTH January 12, 2001 Record No. 000589 Present: Carrico, C.J., Lacy, ...

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LINHART v. LAWSON, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. LINHART v. LAWSON, et al. January 12, 2001 Record No. 000291 Present: All ...

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GRAY & GREGORY v. GTE SOUTH INCORPORATED

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. GRAY & GREGORY v. GTE SOUTH INCORPORATED January 12, 2001 Record No. 000293 ...

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SINGH, et al. v. MOONEY

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. SINGH, et al. v. MOONEY January 12, 2001 Record No. 000636 Present: All ...

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SMITH v. RICHMOND NEWSPAPERS, INC. et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. SMITH v. RICHMOND NEWSPAPERS, INC. et al. January 12, 2001 Record No. 000337 ...

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CLINCHFIELD COAL COMPANY v. ROBBINS

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. CLINCHFIELD COAL COMPANY v. ROBBINS January 12, 2001 Record No. 000700 Present: All ...

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DUGAN v. CHILDERS

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. DUGAN v. CHILDERS January 12, 2001 Record No. 000023 Present: All the Justices ...

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MOTLEY v. VIRGINIA STATE BAR

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. MOTLEY v. VIRGINIA STATE BAR September 15, 2000 Record No. 000392 VICTOR ALAN ...

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NORFOLK SOUTHERN RAILWAY COMPANY v. BOWLES

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. NORFOLK SOUTHERN RAILWAY COMPANY v. BOWLES January 12, 2001 Record No. 000069 Present: ...

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ATKINS v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. ATKINS v. COMMONWEALTH September 15, 2000 Record No. 000395 DARYL RENARD ATKINS v. ...

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ROBERTS v. ROBERTS, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. ROBERTS v. ROBERTS, et al. November 3, 2000 Record No. 000071 Present: All ...

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THOMAS v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. THOMAS v. COMMONWEALTH November 3, 2000 Record No. 000408 Present: All the Justices ...

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SIMMONS v. MILLER, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. SIMMONS v. MILLER, et al. April 20, 2001 Record No. 000785 Present: Carrico, ...

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PITT v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. PITT v. COMMONWEALTH November 3, 2000 Record No. 000107 PRESENT: Carrico, C.J., Lacy, ...

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MOTLEY v. VIRGINIA STATE BAR (58201)

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. MOTLEY v. VIRGINIA STATE BAR September 15, 2000 Record No. 000417 VICTOR ALAN ...

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HUDSON, et al. v. PILLOW, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. HUDSON, et al. v. PILLOW, et al. March 2, 2001 Record No. 000835 ...

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WALKER v. COMMONWEALTH OF VIRGINIA

WALKER v. COMMONWEALTH OF VIRGINIA JUNE 17, 1997 Record No. 2948-95-2 ROBERT MACK WALKER v. COMMONWEALTH OF VIRGINIA OPINION BY JUDGE NELSON T. OVERTON FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND James B. Wilkinson, Judge Present: Judges Benton, ...

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MAHONEY v. MAHONEY

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Virginia Court of Appeals. MAHONEY v. MAHONEY DECEMBER 5, 2000 Record No. 2949-98-4 Present: Chief Judge Fitzpatrick, ...

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WESTPOINT STEVENS, INC. v. DAVIS

WESTPOINT STEVENS, INC. v. DAVIS (unpublished) JUNE 17, 1997 Record No. 0008-97-2 WESTPOINT STEVENS-DRAKES BRANCH/WESTPOINT STEVENS, INC. AND TRAVELERS INDEMNITY COMPANY OF ILLINOIS v. DOROTHY DAVIS MEMORANDUM OPINION[1] BY JUDGE LARRY G. ELDER FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION Present: ...

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HENRY v. COMMONWEALTH OF VIRGINIA

HENRY v. COMMONWEALTH OF VIRGINIA (unpublished) JUNE 17, 1997 Record No. 0520-96-4 JAMES BILLY HENRY v. COMMONWEALTH OF VIRGINIA MEMORANDUM OPINION[1] BY JUDGE JAMES W. BENTON, JR. FROM THE CIRCUIT COURT OF WARREN COUNTY Dennis L. Hupp, Judge Present: Judges ...

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BOWMAN v. WASHINGTON (ORDER)

In granting a habeas corpus request for a belated appeal where the petitioner was denied his right to appeal through no fault of his own due to counsel's failure to file a timely petition for appeal, the trial court abused its discretion in dismissing several of petitioner's other claims with prejudice. The circuit court?s order is affirmed in part and reversed in part, and the cause is remanded to the circuit court for entry of an order dismissing the petitioner?s remaining habeas corpus claims without prejudice.

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PARR v. ALDERWOODS GROUP, INC.

Several contemporaneously executed contracts relating to the acquisition of a funeral home business are treated as integrated in determining the enforceability of various provisions in the contracts after one party's default. The noncompetition provisions in a business management agreement and restrictive covenants in a related lease were unenforceable by a party which had defaulted on its payment obligations in the transaction. The judgment is affirmed in part, reversed in part, and final judgment is entered.

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CITY OF MARTINSVILLE v. COMMONWEALTH BOULEVARD ASSOCIATES, LLC

A taxpayer is entitled to relief under Code § 58.1-3984 for real estate taxes erroneously assessed during the interim between general reassessments, and may challenge an annual levy of taxes without showing that the previous general reassessment, upon which the annual levy was based, was erroneous. An order reducing an assessment is affirmed.

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INOVA HEALTH SYSTEM v. GRANDIS

The circuit court erred in adjudicating matters concerning involuntary commitment of a patient to a hospital where the 180-day period of commitment permitted under Code § 37.1-67.3 had expired well before the court's challenged order was entered, and no further involuntary commitment petition had been filed. Under these circumstances, the court no longer had jurisdiction to adjudicate these matters. The judgment of the circuit court imposing certain requirements and an obligation to care for the patient upon the hospital is reversed and the hospital is dismissed from the proceeding.

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MCCLOSKEY v. KANE

The trial court erred in dismissing a wrongful death action against an emergency medical care provider at a state mental hospital based upon the doctrine of sovereign immunity. The Commonwealth's interest and involvement in the defendant doctor's functions was slight and its control limited. Therefore, defendant was not entitled to the protection of the doctrine of sovereign immunity from liability for his alleged negligent acts in treating the decedent, and the trial court erred in sustaining the defendant's plea of sovereign immunity. The judgment is reversed and the case is remanded for further proceedings.

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ALDERWOODS GROUP, INC. v. PARR

Several contemporaneously executed contracts relating to the acquisition of a funeral home business are treated as integrated in determining the enforceability of various provisions in the contracts after one party's default. The noncompetition provisions in a business management agreement and restrictive covenants in a related lease were unenforceable by a party which had defaulted on its payment obligations in the transaction. The judgment is affirmed in part, reversed in part, and final judgment is entered.

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BILLUPS v. CARTER

In two related actions under 42 U.S.C. § 1983 alleging assault and battery by a prison employee who demanded unconsented sexual conduct, the trial court erred in sustaining the defendants? demurrers, pleas and motions to dismiss, dismissing the actions on statute of limitations and exhaustion of administrative remedies grounds, and denying a plaintiff?s motion to add the Commonwealth as a party defendant. The final orders in both cases are reversed and the cases are remanded to the trial court for further proceedings.

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UNION OF NEEDLETRADES v. JONES

In a common law defamation action by a former local union administrator against the union, the trial court erred in failing to grant the defendant union's motion to strike the evidence where the plaintiff failed to establish that an allegedly defamatory statement regarding indications of "financial malpractice" at the local union, made in a resolution adopted by the union's general executive board and sent to the officers of the local union, was false. The judgment of the trial court is reversed and final judgment entered for the defendant.

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SMITH v. IRVING, et al.

In the trial of a medical malpractice action in which the jury returned a verdict for the defendant physician, the circuit court did not abuse its discretion in refusing to permit the plaintiff to cross-examine the defendant regarding ?standard of care? issues not addressed by the defendant's testimony on direct examination. The judgment is affirmed.

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