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BERRY v. F&S FINANCIAL MARKETING, INC.

In an action to collect upon a debt contract used to finance the purchase of a motor vehicle, the trial court did not err in granting plaintiff's request for a nonsuit made prior to the defendant?s lodging of a motion to dismiss for failure to satisfy the one-year service of process requirement set forth in Rule 3:3(c) and Code § 8.01-275.1. The judgment granting the nonsuit is affirmed.

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VIRGINIA TECH. v. INTERACTIVE RETURN SERVICE

In a research contract dispute leading to partially offsetting judgments and obligations, the Setoff Debt Collection Act and Code § 58.1-535 permit a claimant agency, when in compliance with the provisions of that statute, to offset the amount of a monetary judgment in favor of a judgment creditor against a larger debt the judgment creditor owes to the agency. Accordingly, the circuit court?s order denying a public university's motion to have a judgment against it marked satisfied against a larger debt owed to the university is reversed, and the case remanded to the circuit court for the sole purpose of marking the judgment satisfied.

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TABOADA v. DALY SEVEN, INC.

In a guest's suit against an innkeeper for injuries resulting from a criminal assault by a third party occurring on the hotel's property, the trial court erred in sustaining demurrers to the guest's common law negligence claims in light of the innkeeper's duty to protect guests against reasonably foreseeable injury arising from third-party criminal acts, but correctly sustained the innkeeper's demurrer to the guest's similar claim under Code § 35.1-28. The judgment is affirmed in part and reversed in part, and the case remanded for a trial on the merits.

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BERRY v. TRIBLE

In a will contest, the circuit court erred in confirming a jury verdict that a handwritten phrase and notation, made on the face of a typewritten draft of a will containing many other handwritten entries, constituted a valid holographic will. The document, viewed as a whole, was neither wholly in the decedent's handwriting nor duly attested by two competent witnesses. That part of the decree holding that the proffered document was the decedent's last will is reversed; that part holding that a prior attested will was valid is affirmed, and the court?s apportionment of the fees of a guardian ad litem is affirmed. Final judgment is entered admitting the prior will to probate.

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LORISA F. WILLIS v. HARRISONBURG ROCKINGHAM SOCIAL SERVICES DISTRICT

Trial court did not err in terminating appellant?s parental rights to her two children as HRSSD proved by clear and convincing evidence that appellant?s parental rights should be terminated pursuant to Code Section 16.1-283(B) and (C)(2) and that the termination of appellant?s parental rights was in her children?s best interests

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MATTINGLY v. MCCRYSTAL

Trial court did not err in entering the final amended custody and visitation decree which was based on the terms of the oral agreement; trial court did not err in entering the decree even though it varied slightly from the terms of the oral agreement recited before the court

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THOMAS v. COMMONWEALTH

Trial court did not err by failing to exclude evidence of appellant?s participation in a subsequent, similar burglary on the same night, and in finding the evidence sufficient to prove she was guilty of burglary; appellant?s conviction of statutory burglary affirmed

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ASHFORD v. COMMONWEALTH

Trial court did not err in allowing the charge of attempt to go to the jury and in upholding the verdict as appellant?s actions were sufficient to support a conviction of attempted capital murder for hire, and in allowing the charges of attempted murder and solicitation to commit murder to be presented to the same jury as the solicitation and attempt are both parts of a common scheme or plan

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KIMBERLY M. MATTINGLY v. DANIEL T. MCCRYSTAL

Trial court did not err in entering the final amended custody and visitation decree which was based on the terms of the oral agreement; trial court did not err in entering the decree even though it varied slightly from the terms of the oral agreement recited before the court

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WILLIS v. HARRISONBURG ROCKINGHAM SOCIAL SERVICES

Trial court did not err in terminating appellant?s parental rights to her two children as HRSSD proved by clear and convincing evidence that appellant?s parental rights should be terminated pursuant to Code Section 16.1-283(B) and (C)(2) and that the termination of appellant?s parental rights was in her children?s best interests

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SAMANTHA LEIGH THOMAS v. COMMONWEALTH

Trial court did not err by failing to exclude evidence of appellant?s participation in a subsequent, similar burglary on the same night, and in finding the evidence sufficient to prove she was guilty of burglary; appellant?s conviction of statutory burglary affirmed

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WILLIS v. HARRISONBURG ROCKINGHAM SOCIAL SERVICES (119570)

Trial court did not err in terminating appellant?s parental rights to her two children as HRSSD proved by clear and convincing evidence that appellant?s parental rights should be terminated pursuant to Code Section 16.1-283(B) and (C)(2) and that the termination of appellant?s parental rights was in her children?s best interests

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DAVID KANOELANI ASHFORD v. COMMONWEALTH

Trial court did not err in allowing the charge of attempt to go to the jury and in upholding the verdict as appellant?s actions were sufficient to support a conviction of attempted capital murder for hire, and in allowing the charges of attempted murder and solicitation to commit murder to be presented to the same jury as the solicitation and attempt are both parts of a common scheme or plan

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HORTON v. CITY OF HAMPTON

Summary affirmance ? trial court did not err by changing the permanency planning order goal to adoption and refusing to adopt the proposed concurrent goal of placement with relative

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TUCKER v. RANDSTAD STAFFING SERVICES

Summary affirmance ? no error in commission?s finding that appellant failed to prove her alleged low back, pelvis, right hip, left rib, and left leg problems were causally related to her compensable injury by accident, that she was disabled as a result of her compensable work accident, and that she was entitled to a change in treating physicians

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RICHARD BRYANT HILL v. COMMONWEALTH

This appeal is dismissed; as appellant did not enter a conditional guilty plea pursuant to Code Section 19.2-254, and because appellant entered a voluntary and intelligent guilty plea, this Court finds that appellant waived his right to appeal the trial court?s ruling on the motion to suppress

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STEAKLEY v. STEAKLEY

Trial court did not err by classifying the personal injury settlement proceeds received by husband as marital property; the remaining issues are procedurally defaulted

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PATTERSON v. VALLEY PROTEINS

Commission did not err in denying appellant?s claim for benefits as the evidence was sufficient to support the commission?s findings that appellant violated Code Section 46.2-830 by using the shoulder of the highway for a non-emergency, that this violation was willful, and that it was the proximate cause of his accident

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STUART LEE HARRIS v. JUDY BALLANCE HARRIS

Trial court did not err in classifying the condominium as transmuted marital property and in dividing the property between the two parties; trial court erred by refusing to update the valuation of the condominium; this case is remanded to the trial court to redetermine the value of the condominium

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JAMES REID BOGGS, JR. v. COMMONWEALTH

Trial court did not err in admitting testimony by the police regarding other crimes committed by appellant?s accomplices as appellant waived his objection to the admission of that evidence; appellant?s convictions affirmed

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HARRIS v. HARRIS

Trial court did not err in classifying the condominium as transmuted marital property and in dividing the property between the two parties; trial court erred by refusing to update the valuation of the condominium; this case is remanded to the trial court to redetermine the value of the condominium

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HILL v. COMMONWEALTH

This appeal is dismissed; as appellant did not enter a conditional guilty plea pursuant to Code Section 19.2-254, and because appellant entered a voluntary and intelligent guilty plea, this Court finds that appellant waived his right to appeal the trial court?s ruling on the motion to suppress

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BOGGS v. COMMONWEALTH

Trial court did not err in admitting testimony by the police regarding other crimes committed by appellant?s accomplices as appellant waived his objection to the admission of that evidence; appellant?s convictions affirmed

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KANTOR v. KANTOR

Trial court did not err in determining husband?s monthly income, in determining that husband failed to show a material change in circumstances sufficient to warrant a reduction in his spousal support obligation and in granting wife attorney?s fees and costs

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DAVID S. KANTOR v. SHERYL J. KANTOR

Trial court did not err in determining husband?s monthly income, in determining that husband failed to show a material change in circumstances sufficient to warrant a reduction in his spousal support obligation and in granting wife attorney?s fees and costs

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BANKS v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to support appellant?s convictions of possession of heroin with the intent to distribute and conspiracy

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POZIOMBKE v. POZIOMBKE

Trial court did not err in finding that the provisions of a divorce decree dealing with appellant?s military pension are not void ab initio under the Uniformed Services Former Spouses Protection Act

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