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THOMAS v. THOMAS

No error in trial court?s discretionary decisions based upon reasonable debatable factual disputes regarding equitable distribution, spousal support, and attorney fees and costs

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HARBER v. HARBER

Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee?s expenses for her two adult children who live with her

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MCCATTY v. COMMONWEALTH

No error in trial court?s dismissal of appellant?s appeal of the denial of his claim by the Board for Contractors under the Virginia Contractor Transaction Recovery Act where evidence showed appellant?s wife received payment of her claim and there was only one transaction and one judgment

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LETHA J. SHANNON v. DENNIS F. SHANNON

No error in trial court?s equitable distribution of parties? property wherein it refused to award appellant a portion of appellee?s military pension, refused to impute income to appellee, refused to award appellant current spousal support, and refused to award appellant attorney?s fees; trial court did not err in refusing to award appellee portion of appellant?s pension

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FRANCIS HABO GEORGE v. COMMONWEALTH OF VIRGINIA

Trial court did not err in convicting appellant of four counts of embezzlement, instead of convictions under the state tax code, where evidence proved appellant failed to remit funds collected from his employees and used for his own benefit funds he held in trust for the Commonwealth

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GEORGE v. COMMONWEALTH

Trial court did not err in convicting appellant of four counts of embezzlement, instead of convictions under the state tax code, where evidence proved appellant failed to remit funds collected from his employees and used for his own benefit funds he held in trust for the Commonwealth

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WILLIAM F. HARBER v. CHARLENE M. HARBER

Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee?s expenses for her two adult children who live with her

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WARREN COUNTY v. DONAHOE

No error in commission?s finding that deceased employee was an employee of Warren County for purposes of payment of benefits under the Workers? Compensation Act

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SAPONARO v. COMMONWEALTH

Trial court erred in denying appellant?s motion to strike the evidence pertaining to appellant?s conviction of credit card fraud where evidence proved appellant misused a credit card lawfully in his possession with the cardholder?s consent

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JOHN QUINN INC. v. BARRY

Summary affirmance ? No error in commission?s finding that appellee proved he adequately marketed his residual work capacity by increasing his hours as his part-time, dissimilar employment

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SMITH v. COMMONWEALTH

Trial court did not err in admitting appellant?s statements made to police while he was not in custody and the police activity surrounding those statements was not coercive

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DONOFRIO v. DONOFRIO

Trial court applied an incorrect standard of proof in determining appellant submitted a forged property settlement agreement; matter remanded to trial court for further proceedings

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ANDERSON v. COMMONWEALTH

Trial court did not err in denying motion to suppress statements appellant made to police where he was detained incident to a traffic stop and was not in custody for purposes of Miranda when he answered questions

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YANCEY v. COMMONWEALTH

No error in trial court?s denial of motion to suppress as officers did not violate the Fourth Amendment by detaining appellant to investigate trespassing offense and evidence supported that conviction; trial court erred in convicting appellant of obstructing justice where only evidence of obstruction presented was appellant?s flight from scene

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UPPER OCCOQUAN SEWAGE AUTHORITY v. BLAKE CONSTRUCTION CO.

In considering contract claims arising under the Virginia Public Procurement Act, the circuit court had jurisdiction to determine interest due under a judgment and did not err in determining that interest accrued on awarded compensatory damages, but did err in setting the applicable interest rate. The court also erred in determining that post-judgment interest accrued on the pre-judgment interest awarded in two trials and that the judgment debtor had made a timely allocation of payment on the debt; however it did not err in denying the judgment debtor's motion for satisfaction. The judgment is affirmed in part, reversed in part, and the case is remanded.

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HOLDEN v. HOLDEN

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. HOLDEN v. HOLDEN NOVEMBER 16, 1999 Record No. 2614-98-3 ROBERT CHARLES HOLDEN v. ...

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HILTON v. MARTIN

In an action to recover damages for personal injury and death resulting from an assault on the victim by a fellow employee, the trial court erred in concluding that the Virginia Worker?s Compensation Act provided the exclusive remedy for the claims. Applying the actual risk test, the assault on the victim had no relationship with her status as an employee. Whether intended as flirtatious, merely playful, or as harassment, the assault was purely personal and thus the resulting injury and death did not "arise out of the employment" under Code § 65.2-101. The judgment is reversed and the case is remanded for further proceedings.

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STEPP, et al. v. FOSTER, et al. (59416)

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. STEPP, et al. v. FOSTER, et al. January 14, 2000 Record No. 990404 ...

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DOGWOD VALLEY CITIZENS ASS'N v. SHIFFLETT

In a proceeding which followed from a homeowners' association's levy of special assessments and subsequent warrants in debt against lot owners in a development, the circuit court did not err in determining that the association, a non-stock Virginia corporation, did not qualify as a property owners? association under the Property Owners? Association Act, Code §§ 55-508 through -516.2. Because the filing of the association's articles of incorporation and bylaws in the land records did not constitute a declaration imposing upon it operational or maintenance responsibilities for the common areas or roads of the development, the judgment of the circuit court is affirmed.

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AHARI v. MORRISON

In a wrongful death action, the circuit court did not err in granting the defense plea of the statute of limitations. Because Rule 1:8 requires leave of court to amend any pleading after it is filed, an amended complaint is not deemed filed, and is thus without legal efficacy, until a trial court grants leave to amend. Thus, the claims asserted against the defendants named in an amended complaint were time barred despite plaintiff having sought leave to amend three days prior to the expiration of the limitations period. The judgment is affirmed.

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LLOYD v. KIME

In a medical malpractice case, the trial court did not err in using deposition evidence to resolve a motion in limine and subsequent motion for summary judgment where no objection was made, or in holding that an expert witness was not qualified under Code § 8.01-581.20 to testify on standard of care and breach thereof respecting intraoperative negligence. However, it was an abuse of discretion to conclude that the expert was not qualified to testify on these issues with respect to postoperative negligence, or causation as to either allegation of negligence. The judgment is affirmed in part and reversed in part, and the case is remanded.

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OTT v. L&J HOLDINGS

In a declaratory suit addressing whether a wife's execution of a deed should be set aside as exceeding her authority under a power of attorney, the circuit court did not err in admitting parol evidence. Credible evidence supported the findings that the deed was not a deed of gift, that it was given for a valuable consideration without donative intent, that the transfer was undertaken for legitimate business reasons, and that both spouses received benefits commensurate with their respective property interests without any self-dealing by the wife. The transaction was therefore within the powers granted by the power of attorney. The judgment is affirmed.

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PHELPS v. COMMONWEALTH

In a prosecution for felony eluding and endangerment in violation of Code § 46.2-817(B), the defendant was himself a "person" endangered by his own conduct and could be convicted under this section on that basis. The judgment of the Court of Appeals upholding his conviction is affirmed.

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JOHNSON v. TICE

In considering a habeas corpus petition, the circuit court erred in holding that petitioner satisfied his evidentiary burden in an ineffective assistance of counsel claim based on failure to move for suppression of his confession at trial. As a matter of law, petitioner failed to establish that there was a reasonable probability of a different result at trial if the jury had not considered the confession. The record does not undermine confidence in the outcome of the proceedings, and the assignment of cross-error regarding trial counsel's failure to offer a particular letter in evidence does not affect this decision.

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MISSION RESIDENTIAL v. TRIPLE NET PROPERTIES

In an appeal from an order denying a motion to stay arbitration proceedings pursuant to Code § 8.01-581.02(B) filed by one of the members of a member-managed limited liability company against the other member, the trial court erred in denying the motion where the party opposing it failed to meet its burden of proving the existence of an agreement in which the movant had agreed to submit its disputes with the limited liability company to arbitration. The circuit court's judgment is reversed and the case is remanded for further proceedings.

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