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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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Spero v. Heath

The trial court abused its discretion in determining that a name change was in the best interests of a minor child, where the child is in the mother's custody, lives with the mother and bears her surname. The natural father petitioned the court to change the child's surname to his own. The judgment is reversed, the name change order is vacated, and the petition is dismissed.

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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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Phipps v. Liddle

Where the granting of a nonsuit was appealed, Code &#167 8.01-229(E)(3) afforded the plaintiff six months to refile the action, running from the date the appellate court's mandate resolving the appeal was entered by the trial court. Because the plaintiff refiled the present action within that period, the trial court erred in dismissing it as untimely. The judgment is reversed and the case is remanded for further proceedings.

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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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Russ v. Destival

A jury instruction stating that a bicyclist has a duty to refrain from entering or crossing an intersection in disregard of "close or approaching" traffic is an inaccurate statement of law in light of the plain terms of Code &#167 46.2-924(B), and thus the circuit court erred in granting the instruction. The judgment is reversed and the case is remanded.

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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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Lenz v. Warden of the Sussex I State Prison

In a rehearing of the petitioner's application for a writ of habeas corpus, it is concluded that trial counsel were not ineffective in failing to object to a verdict form in the sentencing phase of petitioner's capital murder trial. The petition is denied.

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Commonwealth v. Jones

The Court of Appeals erred in holding that the doctrine of inevitable discovery was inapplicable to support the trial court's refusal to suppress evidence seized in a search purportedly lacking in probable cause. The judgment is reversed and final judgment is entered.

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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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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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Elliott (Richard) v. Commonwealth

In a proceeding remanded by the U.S. Supreme Court involving the constitutionality of Virginia's cross-burning statute, Code &#167 18.2-423, it is held that the prima facie evidence provision of the statute is unconstitutionally overbroad under the First Amendment and Article I, &#167 12 of the Constitution of Virginia. The statute is severable and the core provisions of the statute that remain are constitutional. The convictions of two defendants for cross burning are affirmed. (Revised 3/9/04)

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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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HINES v. KUPLINSKI

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. HINES v. KUPLINSKI VIRGINIA: In the Supreme Court of Virginia Held at the ...

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McMINN v. ROUNDS, 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. MCMINN v. ROUNDS, et al. PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and ...

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BLEVINS 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. BLEVINS v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, and Lemons, JJ., and ...

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HUDSON 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. HUDSON v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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WHITE 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. WHITE v. COMMONWEALTH Present: All the JusticesRecord No. 030476 michael maurice white v. ...

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JOHNSON 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. JOHNSON v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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JACKSON v. COMMONWEALTH

VA Supreme Court JACKSON v. COMMONWEALTH Jan 16, 2004 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. JACKSON v. COMMONWEALTH Present: ...

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JONES v. COMMONWEALTH, 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. JONES v. COMMONWEALTH, et al. PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and ...

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RAWLINGS v. LOPEZ

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. RAWLINGS v. LOPEZ VIRGINIA: In the Supreme Court of Virginia held at the ...

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COMMONWEALTH v. JONES

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. COMMONWEALTH v. JONES PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, and Lemons, JJ., and ...

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POWELL v. COMMONWEALTH

VA Supreme Court POWELL v. COMMONWEALTH Jan 16, 2004 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. POWELL v. COMMONWEALTH Present: ...

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TAZEWELL COUNTY SCHOOL BOARD v. BROWN

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. TAZEWELL COUNTY SCHOOL BOARD v. BROWN Present: Hassell, C.J., Keenan, Kinser, Lemons, and ...

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ALGER 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. ALGER v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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JONES, et al. v. PEACOCK, 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. JONES, et al. v. PEACOCK, et al. PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, ...

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HUDSON v. COMMONWEALTH (58634)

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 v. COMMONWEALTH Present: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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COMMONWEALTH v. JACKSON

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. COMMONWEALTH v. JACKSON PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, and Lemons, JJ., and ...

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WRIGHT v. ECKHARDT

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. WRIGHT v. ECKHARDT Present: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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COMMONWEALTH v. MINOR

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. COMMONWEALTH v. MINOR Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., ...

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FREDERICK COUNTY SCHOOL BOARD v. HANNAH, 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. FREDERICK COUNTY SCHOOL BOARD v. HANNAH, et al. PRESENT: Hassell, C.J., Lacy, Keenan, ...

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FORD MOTOR COMPANY v. JONES

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. FORD MOTOR COMPANY v. JONES Present: All the Justices Record No. 030008 FORD ...

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