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THE COUNTRY VINTNER, INC. v. LOUIS LATOUR, INC. (121808)

In a civil case involving wholesale wine distributorships, it was error to dismiss with prejudice certain common law and statutory conspiracy claims as preempted by the Wine Franchise Act. While the trial court had jurisdiction over the claims and the Alcoholic Beverage Control Board did not, certain issues in the case are more appropriately resolved by the Board under the doctrine of primary jurisdiction. The trial court should stay judicial proceedings until the agency has an opportunity to resolve matters within its special competence and any applicable appeals have concluded. The judgment is reversed and the case remanded for further proceedings.

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JANVIER v. ARMINIO (121809)

In a medical malpractice action, an order granting the plaintiff a second nonsuit without prejudice pursuant to Code § 8.01-380(B) was not void ab initio due to a failure to give notice to the named defendants, who had not yet been served. Since the order was not void, upon a proper finding that the second nonsuit order did not result from fraud, the trial court had no authority to vacate the second nonsuit order after it became final 21 days following entry. The action, re-filed within six months of the entry of the second nonsuit order, was timely. Rulings of the trial court are reversed in part and the case is remanded for further proceedings.

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GOWIN v. GRANITE DEPOT (121810)

In a derivative suit brought by a member of a limited liability company whose membership was terminated due to nonpayment of a promissory note, the trial court correctly held that the manager's waiver of payment did not bind the company and that amendment of the articles of organization to permit such termination did not breach any fiduciary duty. However, since the note was a demand note and no demand for payment had been made, the membership at issue could not be terminated for nonpayment, and plaintiff therefore remains a member of the company. The judgment is affirmed in part and reversed in part, and the case is remanded for further proceedings.

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DAVIS v. COMMONWEALTH (121811)

The judgment of the Court of Appeals of Virginia, which denied the defendant's petition for appeal from his conviction in a bench trial for object sexual penetration pursuant to Code § 18.2-67.2(A) over his contention that the evidence was insufficient to establish the necessary element of penetration owing to the fact that the victim, a law enforcement officer, was wearing pants and underwear at the time of the contact, is affirmed.

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UDAY PATEL v. LAVINA PATEL

Trial court did not err in classifying a portion of the investment in the residence, four bank accounts, and an investment account, as marital property, in valuing two of those bank accounts as of the separation date, and in awarding attorney?s fees to wife

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CLIFTON O. BALLARD, III v. BETHEL B. BALLARD

No reversible error in the trial court admitting evidence of negotiation and compromise between the parties; trial court erred by basing its division of the marital estate on a perceived economic hardship created by the divorce; judgment pertaining to the equitable distribution award is reversed and this matter is remanded to the trial court to reconsider the division of the marital property

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ANGEL M. ANDERSON v. COMMONWEALTH

Trial court did not err in convicting appellant of 1991 charges of rape, robbery, and forcible sodomy as appellant?s DNA matched DNA from the state?s DNA databank; appellant?s convictions affirmed

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DAVID JASON O?CONNELL v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to sustain appellant?s convictions of involuntary manslaughter and leaving the scene of an accident; appellant?s convictions affirmed

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JAYNES v. COMMONWEALTH

This Court holds that the trial court had jurisdiction over this case and that Code Section 18.2-152.3:1 does not violate the First Amendment, does not violate the Dormant Commerce Clause, and is not unconstitutionally vague; appellant?s convictions are affirmed

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CLEVE CURRY v. CONSOL ENERGY, INC.

Summary affirmance ? commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease

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JEREMY JAYNES v. COMMONWEALTH

This Court holds that the trial court had jurisdiction over this case and that Code Section 18.2-152.3:1 does not violate the First Amendment, does not violate the Dormant Commerce Clause, and is not unconstitutionally vague; appellant?s convictions are affirmed

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GIANT FOOD v. GRIFFIN

Summary affirmance ? no error in commission?s finding that claimant sustained her burden of proving ongoing disability and awarding her temporary total disability benefits based upon what employer claims are an incomplete medical diagnosis and inaccurate medical history

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CURRY v. CONSOL ENERGY

Summary affirmance ? commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease

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BRENDA S. NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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NICKY NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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WILLIAMS PATRICK PIERCE, II, S/K/A PATRICK WILLIAM PIERCE, II v. COMMONWEALTH

Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant?s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded

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PIERCE v. COMMONWEALTH

Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant?s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded

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DINGLER v. ROANOKE COLLEGE

Summary affirmance ? commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident arising out of and in the course of his employment

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NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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NEOFOTIS v. COMMONWEALTH (121403)

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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HALEY OF FARMVILLE v. STRICKLAND

Summary affirmance ? commission did not err in finding that appellee proved he continued to be disabled from performing the full duties of his pre-injury employment as a result of his compensable injury by accident and awarding appellant temporary partial disability benefits

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ROBINSON v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s convictions of misdemeanor reckless driving and felony leaving the scene of an accident; appellant?s convictions affirmed

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