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Tag Archives: Judge J. Overton Harris

No Contract from Lender’s Letter, Phone Call (access required)

Although plaintiff alleges defendant promised in a letter not to accelerate a note on plaintiff’s property until after a certain date, and in a telephone conversation not to foreclose if plaintiff applied for a short sale, the Hanover Circuit Court ...

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Defendant Bankrupt, Plaintiff Sues UM Carrier (access required)

Although plaintiff received a $2,250 payment in 2008 for his injuries from a 1996 auto accident after the defendant driver’s employer, Builders Transport, was discharged in bankruptcy, plaintiff still may pursue a claim in order to litigate his own uninsured/underinsured ...

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Park Vendor Has Conversion Claim for Kiosk Use (access required)

A Hanover Circuit Court refuses to set aside a jury verdict finding defendant Kings Dominion Amusement Park liable for damages for conversion of a concessions kiosk operated by plaintiff business; plaintiff may proceed with a claim for unjust enrichment, but ...

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IRA Withdrawal Penalty is Dissipation of Marital Estate (access required)

A Hanover County Circuit Court says wife’s use of $17,180 from the parties’ IRA was for proper purposes such as payment for attorney’s fees, the children’s college expenses, car repairs and household expenses, but the $5,727 tax penalty she incurred ...

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Living with Wife’s Parents Affects ED Award (access required)

Although husband was the only wage-earner during the parties’ 11-year marriage, as wife was disabled from fibromyalgia and chronic fatigue syndrome, wife financially contributed her monthly social security disability check, and the couple lived with wife’s parents who helped care ...

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ED Award Accounts for Wife’s Nonliquid Interests (access required)

As husband is majority shareholder of one of the couple’s businesses and managing member of the other, his interests are more marketable than wife’s corresponding minority and non-managing membership interests, and the Hanover Circuit Court awards wife one-half of the ...

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Wife Took Cash, But Did Not ‘Dissipate’ Marital Asset (access required)

Although wife admits to removing $47,000 from husband’s safety deposit box in anticipation of divorce, a Hanover County Circuit Court says this was not dissipation of a marital asset and orders an equal division of the marital property. The marital ...

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