Virginia Court Of Appeals | Virginia Lawyers Weekly

$12 M Bridge Construction Award Remanded

By Deborah Elkins
Published: May 25, 2012
Tags: Administrative, Judge Larry G. Elder, Virginia Court of Appeals

In this appeal concerning performance of contractor AMEC Civil LLC’s contract with VDOT for the Route 58 Clarksville Bypass in Mecklenburg County, the Court of Appeals reverses in part and remands an award of $12 million to the contractor; the circuit court erred in awarding damages based on indirect overhead costs and averaging and for [...]

GAL Can’t Appeal Consensual Termination

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

In this appeal by the guardian ad litem of four children, the Court of Appeals affirms the circuit court’s decision that it lacked jurisdiction to review the decision of the juvenile and domestic relations district court nonsuiting the local department of social services’ termination proceeding after parents agreed to adoption; circuit court review is de [...]

Mother’s Rights Terminated for Torture

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of mother’s rights to her two surviving children, a daughter age six and infant son; the evidence shows parents tortured the daughter by caging her and allowed another infant son to die; termination is in the children’s best interests and alternative family placements were thoroughly investigated and found unsuitable.
Mother [...]

Conviction After Missed Drug Tests

By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for felony methamphetamine possession after finding defendant failed to comply with his plea agreement in not submitting to two drug tests.
In 2009, defendant was arrested for felony possession of methamphetamine and misdemeanor possession of marijuana with intent to distribute. The charges proceeded separately and defendant appealed his district [...]

Sound Proved Attempted Burglary of Garage

By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Judge Sam W. Coleman III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions for attempted burglary with intent to commit larceny in violation of Va. Code §§ 18.2-91 and 18.2-26 based on homeowner’s testimony that defendant knew the garage contents from visiting his stepdaughter and he heard a metallic rumbling sound when he approached the garage near midnight and [...]

Job-Test Injury Not Compensable

By Deborah Elkins
Published: May 25, 2012
Tags: Judge William G. Petty, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms denial of benefits to an employee injured performing an agility test required for transfer to another position; although an employee’s self-improvement activity may be covered, employee here presented no evidence where or when he took the test so as to establish a work-related time or place.
Employee works as a night [...]

Wife’s Appeal Nets More Fees

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

In pro se wife’s appeal of a final divorce order, the Court of Appeals summarily affirms the trial court’s denial of wife’s requested continuance, equitable distribution rulings and award of $4,690 attorney’s fees and costs to husband; appellate attorney’s fees also are awarded to husband for wife’s meritless appeal.
The parties separated after over six years [...]

Spousal Support Requires Findings

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

On husband’s appeal, the Court of Appeals affirms equitable distribution and attorney’s fees to wife but reverses spousal support and remands for the trial court to make the written findings required by Va. Code § 20-107.1(F); the trial court’s failure to make the required findings is reversible error that cannot be cured by its findings [...]

Court Record-Sealing Case Transferred

By Deborah Elkins
Published: May 25, 2012
Tags: Constitutional, Judge Walter S. Felton Jr., Virginia Court of Appeals

In a newspaper’s appeal of a circuit court decision to remove original photographs and an autopsy report from the public record in a murder and felony child-neglect case, and to seal photocopies of certain exhibits retained in the court file, the Court of Appeals says it does not have jurisdiction to hear the appeal and [...]

DUI Appeal Procedurally Defaulted

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant is not entitled to reversal of his bench trial conviction for third offense driving under the influence of alcohol on the basis of the inadmissibility of his second offense conviction, the Court of Appeals says; defendant failed to assign error to the admissibility of his second conviction and his brief fails to address the [...]

Virginia Lawyers Weekly