Fulltext Opinions

In a condemnation case that resulted in a judgment in favor of the owner of a high-volume discount retail store, the Commonwealth Transportation Commissioner failed to make a proffer sufficient to enable appellate review of a challenged evidentiary ruling and improperly attempted to raise new arguments for the first time on appeal. No reversible error is found and the judgment is affirmed on procedural grounds without addressing the substantive argument regarding the availability of damages for loss of real property visibility resulting from a governmental taking.

In a dispute concerning the Virginia Freedom of Information Act, the trial court erred in finding that an airport authority subject to restrictions on the disclosure of sensitive security information imposed by Part 1520 of Title 49, C.F.R., complied with the Act's requirements despite failing to timely respond in the manner required by Code § 2.2-3704(B). The trial court's judgment is reversed and the case is remanded for a determination of reasonable costs and attorney's fees to be awarded to the petitioner under the Act.

Summary affirmance ? no error in commission?s finding that appellant?s disability is not related to his work accident

Summary affirmance ? no error in commission?s finding that appellant?s claim for a back injury was barred by two-year statute of limitations

No error in trial court?s classification of investment portfolio, buffalo, and assorted farm equipment as marital property; trial court erred in its classification of two vehicles as marital property

No error in trial court?s findings that parties failed to effectively revoke their antenuptial agreement, in accepting parol evidence on the intention of the parties, in holding that agreement dealt only with pre-marital assets of the parties, and in awarding spousal support to wife

Summary affirmance ? no error in trial court?s affirmance of final case decision of Virginia Retirement System denying claim for disability retirement benefits

No error in trial court?s holding that the parties? prenuptial agreement prohibits appellant from collecting attorney?s fees from appellee where agreement is clear and unambiguous that neither party is responsible for fees of the other

Trial court erred in convicting and sentencing appellant for malicious wounding as the indictment charged only unlawful wounding; one count of felony child neglect reversed and dismissed where evidence did not prove criminal negligence with regard to one of three siblings; one count of malicious wounding and two counts of felony child neglect affirmed

Summarily affirmed in part and dismissed in part pursuant to Rule 5A:20 where issues raised in first question presented were not part of questions presented and no argument related to specific issue raised by first question presented

No error in trial court?s findings that the parties failed to effectively revoke their antenuptial agreement and that agreement remained valid and that wife failed to prove she relied on revocation of agreement to her detriment

Summary affirmance ? no error in commission?s finding that appellant?s disability is not related to his work accident

Summary affirmance ? no error in commission?s finding that appellant?s claim for a back injury was barred by two-year statute of limitations

No error in trial court?s classification of investment portfolio, buffalo, and assorted farm equipment as marital property; trial court erred in its classification of two vehicles as marital property

Trial court erred in convicting and sentencing appellant for malicious wounding as the indictment charged only unlawful wounding; one count of felony child neglect reversed and dismissed where evidence did not prove criminal negligence with regard to one of three siblings; one count of malicious wounding and two counts of felony child neglect affirmed

No error in trial court?s findings that parties failed to effectively revoke their antenuptial agreement, in accepting parol evidence on the intention of the parties, in holding that agreement dealt only with pre-marital assets of the parties, and in awarding spousal support to wife

No error in trial court?s holding that the parties? prenuptial agreement prohibits appellant from collecting attorney?s fees from appellee where agreement is clear and unambiguous that neither party is responsible for fees of the other

No error in trial court?s findings that the parties failed to effectively revoke their antenuptial agreement and that agreement remained valid and that wife failed to prove she relied on revocation of agreement to her detriment

Summary affirmance ? no error in trial court?s affirmance of final case decision of Virginia Retirement System denying claim for disability retirement benefits

Summarily affirmed in part and dismissed in part pursuant to Rule 5A:20 where issues raised in first question presented were not part of questions presented and no argument related to specific issue raised by first question presented

Summary affirmance ? No error in commission?s finding that appellant failed to prove she sustained an injury by accident arising out of her employment

Rules 5A:18 and 5A:20(e) preclude consideration of issues appellant raises as to whether trial court considered conduct it had previously considered in a prior violation of his probation and whether trial court erred in revoking appellant?s suspended time where he committed no additional acts of misconduct after previous revocation

Trial court did not err in instructing jury on charge of attempted capital murder where finding instruction did not contain words ?specific intent to kill? where jury was instructed to determine whether act at issue was ?willful, deliberate and premeditated?

Summary affirmance ? No error in trial court?s denial of appellant?s request for permanent spousal support and attorney?s fees in this divorce action

Court finds that a plastic bag in not an implement as contemplated under Code Section 18.2-94; appellant?s conviction of possession of burglarious tools reversed and dismissed

Summary affirmance ? No error in commission?s finding that appellee was entitled to an award of permanent total disability benefits

No error in appellant?s conviction of statutory burglary where jury was not precluded from finding a constructive breaking under instruction given where instruction did not in any way qualify the concept of force

No error in trial court?s denial of motion to suppress where officer had reasonable suspicion to detain appellant for a Terry stop and where during stop appellant voluntarily consented to a search of his vehicle

Trial court did not err in instructing jury on charge of attempted capital murder where finding instruction did not contain words ?specific intent to kill? where jury was instructed to determine whether act at issue was ?willful, deliberate and premeditated?

As decree appealed from is neither a final order nor an interlocutory order that adjudicates the principles of the cause, this Court is without jurisdiction to entertain appeal and it is dismissed

Court finds that a plastic bag in not an implement as contemplated under Code Section 18.2-94; appellant?s conviction of possession of burglarious tools reversed and dismissed

Summary affirmance ? No error in commission?s finding that Code Section 65.2-708(C) applied to extend the limitations period in Code Section 65.2-708(A) or in declining to retain jurisdiction of appellee?s claim for permanent partial disability benefits until such time as the degree of permanency can be determined

No error in appellant?s conviction of statutory burglary where jury was not precluded from finding a constructive breaking under instruction given where instruction did not in any way qualify the concept of force

Summary affirmance ? No error in commission?s finding that appellant failed to prove she sustained an injury by accident arising out of her employment

Summary affirmance ? No error in trial court?s denial of appellant?s request for permanent spousal support and attorney?s fees in this divorce action

Rules 5A:18 and 5A:20(e) preclude consideration of issues appellant raises as to whether trial court considered conduct it had previously considered in a prior violation of his probation and whether trial court erred in revoking appellant?s suspended time where he committed no additional acts of misconduct after previous revocation

Summary affirmance ? No error in commission?s finding that appellee was entitled to an award of permanent total disability benefits

No error in trial court?s denial of motion to suppress where officer had reasonable suspicion to detain appellant for a Terry stop and where during stop appellant voluntarily consented to a search of his vehicle

As decree appealed from is neither a final order nor an interlocutory order that adjudicates the principles of the cause, this Court is without jurisdiction to entertain appeal and it is dismissed

Summary affirmance ? No error in commission?s finding that Code Section 65.2-708(C) applied to extend the limitations period in Code Section 65.2-708(A) or in declining to retain jurisdiction of appellee?s claim for permanent partial disability benefits until such time as the degree of permanency can be determined