Battered Husband Proved Cruelty

Pro Se Employer Loses Case

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

An employer challenging an award of workers’ comp benefits has waived its issues on appeal by failing to comply with procedural rules, including proper binding of the brief and appendix, including assignments of error and a statement of facts; the Court of Appeals finds employer’s failure to comply with the rules to be significant and [...]

Pro Se Claimant Loses on Procedure

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

In light of the pro se claimant’s many procedural errors, the Court of Appeals finds no merit in his appeal of a denial of his claims for wage loss benefits, disfigurement and medical expenses. Claimant’s opening brief fails to include a table of contents, table of authorities, assignments of error, standard of review and citation [...]

Husband’s 19 Assignments Unavailing

By Deborah Elkins
Published: February 14, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court’s final divorce decree finding no merit in husband’s 19 assignments of error claiming unfair treatment, and errors in rulings as to child custody and support, grounds of divorce, attorneys’ fees and equitable distribution; husband’s arguments are procedurally defaulted by his failure to properly preserve them below [...]

Mother’s Appeals Untimely and Moot

By Deborah Elkins
Published: February 4, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms circuit court dismissing mother’s appeals from Juvenile and Domestic Relations (JDR) District Court orders transferring custody and terminating her parental rights to her youngest child; mother failed to note a timely appeal of the termination order that mooted her appeal of the transfer of custody order. Mother has seven [...]

Wife Who Sold Plasma Gets Support

By Deborah Elkins
Published: January 29, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals upholds an award of $560 in monthly spousal support based on the trial court’s finding that there was a material change in circumstances because wife had been receiving food stamps and selling plasma. Although wife’s income had increased since the prior support order, wife submitted an income and expense statement showing [...]

Third Petition Terminates Mom’s Rights

By Deborah Elkins
Published: January 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

After previously reversing the circuit court terminating mother’s rights to her four children (Fredericksburg Dep’t of Social Servs. v. Washington [VLW 011-7-258(UP)]), the Court of Appeals summarily affirms the circuit court order terminating mother’s rights based on the record evidence that mother remained incapable of caring for the children after extensive counseling services from the [...]

Support Guidelines Claim Not Preserved

By Deborah Elkins
Published: January 7, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals upholds a trial court order requiring husband’s child support payment to remain at $600 per month, despite husband’s claim that one of the parties’ three children had reached the age of majority; husband failed to adequately state the basis for his objection. According to the written statement of facts, the trial [...]

Insufficient Appendix Defeats Appeal

By Deborah Elkins
Published: December 19, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court’s awarding custody of great-aunt’s two grand-nephews to the local department of social services (DSS); her adopted son presented a danger and her insufficient appellate appendix prevents appellate review. Great-aunt petitioned for custody of her two grand-nephews in 2009, about five months after DSS took custody on [...]

Procedural Default in Wife’s Second Appeal

By Deborah Elkins
Published: December 19, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

In wife’s second appeal in this divorce litigation, the Court of Appeals affirms the trial court’s final decree of divorce for lack of a trial transcript or certified statement of facts necessary to determine the issues; wife’s remaining arguments are procedurally defaulted and her challenge to incorporating the prenuptial agreement is moot in view of [...]