Dismissed party can’t be pulled back in appeal

Trustee hit for fraud, breach of contract on counterclaim – $13,357,000 Verdict for Defendants

By Virginia Lawyers Weekly
Published: March 26, 2012
Tags: Alexandria Circuit Court, Judge Lisa B. Kemler, Million-Dollar Verdicts, Wills & Trusts

John R. Erb, the sole shareholder, officer and employee of the Alexandria investment management firm of de Teffé Capital Management, Inc., initiated the action by filing suit for trustee’s and investment management fees totaling approximately $1.5 million allegedly earned and deferred by him over the years for services rendered in connection with two irrevocable trusts [...]

Owners’ Association Scores Attorney’s Fees

By Deborah Elkins
Published: September 12, 2011
Tags: Alexandria Circuit Court, Judge Lisa B. Kemler, Real Estate, Virginia Circuit Courts

An Alexandria Circuit Court awards defendant condominium unit owners’ association $65,375 in attorney’s fees and $597 in costs under Va. Code Sec. 55-79.53(A), in a suit filed by an owner who sought compensation for property damage from a shower leak in her condo. On April 8, 2011, the circuit court granted summary judgment to the [...]

Man’s second wife, daughters battled over homes

By Peter Vieth
Published: March 18, 2011
Tags: Alexandria Circuit Court, Judge Lisa B. Kemler, Wills & Trusts

Competing obituaries gave a hint of the family conflict that would emerge full blown after the 2009 death of Rear Admiral Peter DeMayo, U.S. Navy (Ret.), of Alexandria. In one notice in The Washington Post, both of DeMayo’s wives are identified, as well as two daughters from his first marriage, which ended in divorce. DeMayo [...]

Court clears the way for deferred judgment

By Alan Cooper
Published: January 14, 2011
Tags: Alexandria Circuit Court, Criminal, Immigration, Judge Lisa B. Kemler, Justice Charles S. Russell, Justice Donald W. Lemons, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia News

The Supreme Court of Virginia appeared to clear the way Thursday for judges to defer judgment in criminal cases and enter a finding of not guilty even when they find the law and facts sufficient for a finding of guilt. The ruling in Commonwealth v. Hernandez (VLW 011-6-002) stops short of fully endorsing the practice, [...]

High court to hear case on ‘inherent authority’

By Alan Cooper
Published: August 12, 2010
Tags: Criminal, Judge Lisa B. Kemler

The Supreme Court of Virginia appears to have before it the question it said was not properly presented in two cases in June 2008: whether judges have the inherent authority to defer judgment and ultimately dismiss a case despite a finding that the defendant committed the crime. The court last month granted the appeal of [...]