Roanoke County Circuit Court | Virginia Lawyers Weekly

Challenge to Will Relates Back to Earlier Complaint

By Deborah Elkins
Published: June 21, 2011
Tags: Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts, Wills & Trusts

Plaintiffs may amend their complaint filed June 26, 2009, alleging defendant executrix/beneficiary exercised undue influence over a testatrix in the execution of her will, to also allege failure to comply with Va. Code § 64.1-49’s requirements for execution of a will and additional claims, which the Roanoke County Circuit Court says related back to the [...]

Court Considers Transcript, Suppresses Confession

By Deborah Elkins
Published: May 3, 2011
Tags: Criminal, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

The commonwealth has not presented affirmative evidence that defendant understood her Miranda rights and a Roanoke County Circuit Court grants her motion to suppress her confession in this case of forgery and uttering. Upon receiving her Miranda warning, the officer asked defendant if she understood her rights, but she did not reply orally. The excerpt [...]

No Conspiracy Claim for Injury to Non-Business Property

By Deborah Elkins
Published: March 14, 2011
Tags: Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Tort, Virginia Circuit Courts

Although plaintiff claims Virginia case law would allow a civil conspiracy claim for damage to her non-business personal interest in real property, a Roanoke County Circuit Court says a personal interest in property is not covered under the Virginia conspiracy statutes. Plaintiff claims defendants engaged in illegal acts in violation of Virginia’s criminal and civil [...]

Domestic Relations – Pet Visitation – Family Farmland Value

By Deborah Elkins
Published: December 30, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

A couple in their 50s who have devoted a “lot of time and affection to their dog, Gracie” make an even split of their marital property, and have agreed to custody of the dog with wife and visitation for husband, with an option for each to bid to buy the whole dog, in this divorce [...]

Administrative – ABC Violation – Beer License – Underage Sales

By Deborah Elkins
Published: December 3, 2010
Tags: Administrative, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

A Roanoke County Circuit Court says a restaurant owner cannot overturn the suspension of his license for ABC violations that included selling two bottles of beer to a 17-year-old, with his claim that the bartender made a mistake about the customer’s age, money was not exchanged and the minor never took possession of the beer. [...]

Civil Procedure – Venue – Witness Convenience – Deposition Restrictions

By Deborah Elkins
Published: October 5, 2010
Tags: Civil Procedure, Judge Charles N. Dorsey, Roanoke County Circuit Court, Virginia Circuit Courts

In this declaratory judgment action, a Roanoke County Circuit Court denies a transfer of venue to Henrico Circuit Court on the basis of the “forum non conveniens” statute. This suit is a declaratory judgment action by Osage Inc. against Spruill and Garwood who are purportedly 50 percent owners of Osage. Defendant Spruill resides in Roanoke [...]

Domestic Relations – Equitable Distribution – Foreclosure

By Deborah Elkins
Published: September 1, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

A husband and wife who lost the marital home to foreclosure in February 2010 and who appear to have abandoned a time-share in a Florida condominium have no real estate assets for division in equitable distribution, but the Roanoke County Circuit Court will make a property division of the parties’ vehicles and reserve wife’s right [...]

Unemployment Comp – Medical Receptionist – Insubordination – Patient Departures

By Deborah Elkins
Published: September 1, 2010
Tags: Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Unemployment Comp, Virginia Circuit Courts

A medical receptionist whose insubordination and discourteous conduct caused at least three patients of the medical practice to take their business elsewhere is not entitled to unemployment compensation because he was discharged due to misconduct, in this Roanoke County Circuit Court case. Employer’s testimony was that petitioner, in spite of repeated verbal counseling by his [...]

Domestic Relations – Equitable Distribution – Wife’s School Loans – Marital Debt

By Deborah Elkins
Published: June 28, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

A couple decided wife would become qualified as a teacher to provide stable employment and a retirement benefit for the well-being of the family, and a Roanoke County Circuit Court says over $9,000 of wife’s $12,000 in school loans is marital debt to be shared by the parties. Due to husband’s attacks on wife and [...]

Domestic Relations – Spousal Support – Marital Debt

By Deborah Elkins
Published: June 25, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

A Roanoke County Circuit Court says a couple divorcing after 17 years of marriage, with no children but extensive debt, will divide the debt remaining after they sold the marital home at a loss, and wife, who earns $44,500 per year as a social worker, must pay husband, who is on kidney dialysis and disabled [...]

Virginia Lawyers Weekly