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Challenge to adoption order was untimely
A statute that provides a final order of adoption cannot be appealed after six months is the “outer boundary” for bringing a challenge based on an exception to Rule 1:1’s 21-day limit in which to challenge a final order. As a result, the circuit court lacked authority to rule on a motion to vacate the […]
Court properly determined retroactive support awards
The trial court properly granted retroactive child support in this divorce matter. Code § 20-108.1(B) provides that support “shall be determined retroactively,” and, contrary to husband’s assertion, the statute “contains no requirement of a pendente lite order or hearing to establish a retroactive obligation.” Further, although the parties agreed to a custody order that made […[...]
No jurisdictional defect in parental rights case
The circuit court erred when it determined that it lacked subject matter jurisdiction over a county social services department’s petitions for permanency planning and parental rights termination of appellee’s two children. Background After an investigation, the Culpepper County Department of Social Services filed emergency removal petitions for appellees’ two children because she was unable [...]
Fifth Amendment limits sexual activity inquiries
Where defendant’s interrogatory and a request for admissions sought to determine whether plaintiff engaged in adultery, plaintiff’s invocation of his right against self-incrimination limits the scope of his response. In this divorce proceeding, defendant wife has moved to compel responses to an interrogatory and a request for admissions from plaintiff regarding any sexual activity with [&hel[...]
Untimely appeal in CHINS case
Where an infant child’s guardian ad litem petitioned to court to have the child declared a “child in need of services” (CHINS), the JDR court’s order transferring custody of the child to the DSS was the final order in the case, even though the order set a date for a foster care review order and […]
Evidence of wife’s adultery was admissible
A court may consider adultery evidence when determining spousal support even though adultery is not expressly pleaded as a counterclaim or an affirmative defense in a divorce case. The trial court erred by refusing to allow husband to present evidence of wife’s adultery for “any purpose.” Facts Wife sued for divorce and asked for equitable […]
Husband did not defraud wife to induce marriage
Where plaintiff seeks to have her marriage to defendant husband annulled, the failure to consummate the marriage, standing along is not a ground for annulment. Further, plaintiff has not shown by clear and convincing evidence that at the time of the marriage, her husband defrauded her “by knowing he did not wish to engage in […]
Condo properly included as marital property
Even though there was no evidence to counter husband’s de bene esse deposition testimony that no marital funds were used to purchase a condominium, the court was free to reject husband’s evidence and classify the condo as marital property. Further, husband was correctly ordered to reimburse wife half of the $60,000 he unilaterally withdrew from […]
Changed circumstances warranted custody modification
Where the minor child’s mother extended the child’s stay in Bulgaria for months after the parties’ agreement, the court correctly decided that she could have only supervised visitation until she gave the child’s passport to the court. Background The initial custody and visitation order awarded the parties joint physical and legal custody of A.L. and […]
No custody appeal after child turned 18
Where the trial court awarded appellees sole custody of a minor child, the court lacked jurisdiction to hear appellants’ appeal after the child’s 18th birthday. Background A juvenile and domestic relations district court order, dated Sept. 20, 2018, awarded appellees sole physical custody of C.B., appellants’ biological daughter. Appellants noted their appeal on Sept. 28. […]
Court had jurisdiction to amend pension order
Where husband drafted an amended domestic relations order for the court’s approval but incorrectly named the administrator of his pension plan, the court’s jurisdiction to amend the order extended past the 21-day finality period in Rule 1:1. Amending the final order to reflect the correct pension administrator was a ministerial act and therefore falls within […]
Wife’s assets considered to reduce support payment
Where the parties’ support agreement provided that husband’s payments could be lowered if he had reduced income, the trial court properly construed the agreement as permitting consideration of wife’s financial circumstances when ordering reduced support. Wife’s circumstances “Wife argues that the terms of the agreement required the trial court to consider only the reduction in […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
