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MARK FIVE CONSTRUCTION v. CASTLE CONTRACTORS

In an indemnity action for the benefit of a contractor's insurer against an "intermediate contractor" arising from payments made to an injured worker, the circuit court did not err in sustaining the defendants' demurrer because a party can only seek indemnification under Code § 65.2-304 from persons who would have been liable to pay compensation under the Act and thus are subject to jurisdiction under the Act. Plaintiff did not allege that the defendant contracting company was such a person and, as a matter of law, cannot make that showing. The judgment of the circuit court is affirmed.

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BBF, INC. v. ALSTOM POWER, INC.

The claim that an arbitration award of liquidated damages violated the public policy of Virginia did not state a ground for vacating an arbitration award under the governing provisions of Code § 8.01-581.010. Therefore, the trial court did not err in refusing to vacate the arbitration award, and its judgment is affirmed.

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COMMITTEE OF PETITIONERS v. CITY OF NORFOLK

In proceedings relating to a referendum petition seeking a repeal of four city ordinances, the circuit court did not err in allowing a city and a redevelopment authority to intervene, but erred in concluding that the petition did not comply with the requirements of the referendum process. The petition was not invalid because it listed more than one challenged ordinance and separate petitions for each challenged ordinance were not required. That portion of the judgment holding that the petition was invalid is reversed and the case is remanded for further proceedings.

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AUGUSTA MUTUAL INSURANCE CO. v. MASON

In an insurance company's third-party action for damages arising out of an insurance agent?s allegedly fraudulent misrepresentations regarding the condition of a dwelling that the insurance company agreed to insure, because the only duties allegedly violated by the agent emanate exclusively from the parties? preexisting contractual relationship, the insurer failed to properly state claims for either fraud in the inducement or breach of fiduciary duty. The circuit court?s judgment sustaining demurrers and dismissing the insurer?s third-party claim with prejudice is affirmed.

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KOPALCHICK v. CATHOLIC DIOCESE OF RICHMOND

Because a church diocese is not a ?natural person,? the statute of limitations accrual provisions relating to sexual abuse in Code § 8.01-249(6) have no effect upon the constitutionally protected right of the diocese to rely on the bar of the statute of limitations. The judgment of the circuit court dismissing a case involving alleged childhood sexual abuse decades before the suit was filed is affirmed.

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MILES v. COMMONWEALTH (ORDER)

Upon considering the Commonwealth's petition for rehearing regarding the prior decision of this appeal reported in Miles v. Commonwealth, 272 Va. 302, 634 S.E.2d 330 (2007), the Court is of the opinion that its judgment reversing the judgment of the circuit court should not be set aside and should stand as issued. Accordingly, the Commonwealth's petition requesting that the defendant be classified as a sexually violent predator and subjected to civil commitment under the Sexually Violent Predators Act is dismissed with prejudice. (<a href="http://www.courts.state.va.us:80/opinions/opnscvwp/1052568.pdf">See the Opinion, Miles v. Commonwealth, dated September 15, 2006</a>)

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SETTLEMENT FUNDING v. VON NEUMANN-LILLIE

In a suit arising out of a loan transaction, the circuit court erred in refusing to apply the law of the jurisdiction stipulated in the choice of law provision of the loan contract and in its application of Virginia's usury law to the provisions of that contract. Since the trial court was provided with sufficient information regarding the substance of chosen state's law, it erred in refusing to apply that law in the construction of the loan agreement. Those portions of the judgments of the circuit court entering judgment in favor of the borrower based on her claim of usury under Code § 6.1-330.57 and awarding her damages, costs and attorneys' fees under that statute are reversed, and the case is remanded for further proceedings.

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SHELTON v. COMMONWEALTH

In a proceeding under the Civil Commitment of Sexually Violent Predators Act, an inmate properly preserved the argument that his score on a test designed to predict sex offender recidivism fell below the minimum qualifying an inmate for further evaluation under the Act, and the circuit court erred in denying his motion to dismiss under then-applicable Code provisions. Undisputed evidence showed that the correctly computed score on the risk assessment instrument was lower than the minimum required by the statute. The circuit court?s judgment is reversed and the Commonwealth's petition is dismissed with prejudice.

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SCOTT v. WALKER

In a suit to enforce a restrictive covenant against property being used for other than for residential purposes, in which the plaintiff homeowners sought to enjoin the short-term rental of a single-family dwelling in the same subdivision, the restrictive covenant is ambiguous and is construed in favor of the free use of land. The judgment of the circuit court enjoining the nightly and weekly rental of the property at issue is reversed and final judgment is entered for the lessors.

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HAUGEN v. SHENANDOAH VALLEY DEPT. OF SOCIAL SERVICES

The Court of Appeals of Virginia did not err in ruling that a transcript or statement of facts was necessary in an appeal asserting that the circuit court erred by refusing to require an incarcerated parent's presence during a hearing to terminate her parental rights. However, the present record is sufficient to show that the circuit court abused its discretion by failing to grant a continuance to that parent, who participated by telephone, when federal prison officials terminated her participation before the evidence was completed. The judgment is reversed and the case is remanded.

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MCDONALD v. COMMONWEALTH

In a constitutional challenge to Code § 18.2-361 prohibiting sodomy, as applied to an adult convicted of engaging in certain proscribed sexual activity on a private and consensual basis with two minor females, the 16 and 17-year-old victims were minors as defined by the Code § 1-207 and nothing in governing constitutional case law prohibits the application of the sodomy statute to conduct between adults and minors. The judgment of the Court of Appeals upholding the sodomy convictions is affirmed.

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JONES v. BRANDT

The circuit court correctly found that an attorney-in-fact had the authority, by virtue of a durable power of attorney under which he acted, to change the beneficiary payable upon death of a certificate of deposit belonging to the decedent, his principal. Specific and general authorizations made in the power of attorney, when considered in concert, sufficiently expressed the decedent's intent to confer authority to make a certificate of deposit beneficiary change upon the attorney-in-fact. The judgment is affirmed.

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MANASSAS AUTOCARS v. COUCH

In a suit concerning the advertisement and sale of a new automobile, the trial court correctly ruled that a statute governing the permissible means of advertising the sale of new automobiles, Code § 46.2-1581(12)(a), prevails over a conflicting administrative regulation, and also did not err in submitting the purchasers' claims under the Virginia Consumer Protection Act, Code § 59.1-196 et seq., and the revocation of acceptance statute, Code § 8.2-608, to the jury. The trial court's judgment is affirmed.

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DALE STANLEY TRUCKING v. SMITH

Summary affirmance ? no error in commission?s finding that the panel of physicians offered by employer to claimant was defective and employer was liable for payment of medical treatment provided to claimant

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JOWAYNE ALSTON v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to suppress the concealed weapon found in the passenger compartment of his vehicle; appellant?s convictions are affirmed

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ALSTON v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to suppress the concealed weapon found in the passenger compartment of his vehicle; appellant?s convictions are affirmed

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GAYE v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to convict appellant of possession of cocaine with the intent to distribute; appellant?s conviction is affirmed

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ROBERTSON v. COMMONWEALTH

Trial court erred by denying appellant?s motion to suppress as no exigent circumstances existed to justify a warrantless entry; judgment of the trial court is reversed and the case is remanded

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HAYTON v. HAYTON

Appeal dismissed; as no final order was entered by the trial court in this case, this Court is without jurisdiction to entertain this appeal

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LOUIS LATOUR, INC. v. VIRGINIA ABC BOARD

Trial court did not err in applying the appropriate standard of review, in finding that appellant unilaterally amended the parties? agreement without good cause, in finding that appellant discriminated against appellee, in finding that appellant acted in bad faith, in fashioning an appropriate remedy under Code Section 4.1-409, and in awarding attorney?s fees; judgment affirmed

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THOMPSON v. HUFFMAN LITTER SERVICE

Summary affirmance - commission?s decision sustaining appellees? motion to stay appellant?s pending claim for permanent and total disability benefits and removing the claim from the hearing docket because it was premature is summarily affirmed

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JOHNNIE KENSLEY BROWN, JR. v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to support appellant?s conviction of grand larceny; this Court finds the Commonwealth presented sufficient evidence to support the trial court?s venue findings; appellant?s conviction is affirmed

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LUZIER v. PENN LINE CORP

Summary affirmance ? no error in commission?s finding appellant failed to prove that he sustained a brain injury causally related to his compensable injury by accident, and remained totally disabled as a result of that brain injury; commission?s decision is affirmed

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