Virginia Lawyers Weekly VA Lawyers Weekly

Where debtors alleged that a bank filed notices stating that the debtors had requested forbearance, which was false, they plausibly alleged claims under Rule 3002.1, for violations of the automatic stay and for contempt under the court’s inherent powers and ...

Tagged with: Bankruptcy Judge Paul M. Black U.S. Bankruptcy Court

The trial court correctly granted the prosecution’s motion in limine at appellant’s murder trial to exclude any mention of his civil suit against the police on the grounds that “evidence of the suit was irrelevant, would be unduly prejudicial, and ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Although husband did not waive the right to appeal an attorney fee award to wife in the parties’ separation agreement, the trial court’s $33,900 award was reasonable, and wife may request “more attorney fees for the expenses she incurred in ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where a sod company contracted with a transportation company to move sod from Kentucky to a soccer field in Virginia, a forum selection clause in a 2012 contract between the transportation company and a separate entity related to the sod ...

Tagged with: Contract Judge Marla Graff Decker Virginia Court of Appeals

Where father provided no admissible evidence to support his request to reduce his child support obligation, there was no error in the court’s evidentiary rulings. Mother’s motion to strike was properly granted. Documentary evidence “Father contends the court erred in ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The trial court applied the correct burden of proof to determine the parties’ interests in the marital home’s equity. It is not wife’s burden to prove marital contributions caused the increased value in the marital home. Rather, husband, as the ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where appellant moved for a continuance on the morning of his rape trial to follow up on information the prosecution provided eight months earlier, the trial court correctly denied the motion. Further, the record belies appellant’s argument that he was ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

There was sufficient evidence that appellant intentionally and with malice fired shots at a car, which was being driven toward a group of cars waiting at a traffic signal. Two bullets entered a car waiting at the light, showering the ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant argues that his 15-year active sentence resulted from “(1) improper and prejudicial testimony by the victim’s father and (2) the Commonwealth’s improper closing argument that called for him to be punished for uncharged conduct, he did not preserve ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Sufficient circumstantial evidence support appellant’s conviction for grand larceny of a motor vehicle. Evidence Schafer argues that the trial court erred in convicting him of grand larceny because the evidence was insufficient to prove that he was the one who ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals