Where two defendants in this four co-defendant jury trial have moved to change venue from Fauquier County, the motions are granted because the existing courtrooms in Fauquier County cannot adequately handle the logistics of conducting the trial. Introduction Four defendants ...

Tagged with: 20th Circuit Court Criminal Judge James E. Plowman Jr. Virginia Circuit Courts

Where plaintiff alleges defendants concealed a mold infestation in the house plaintiff bought from them, an “as is” clause in the sales contract does not insulate defendants from a claim of actual fraud in the inducement. The complaint Plaintiff alleges ...

Tagged with: 20th Circuit Court Judge David B. Carson Real Estate Virginia Circuit Courts

Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

Where husband seeks to modify a pendente lite order concerning his child support obligation, the fact that the children are now emancipated does not bar modification. A pendente lite order may be modified at any time while the divorce action ...

Tagged with: 20th Circuit Court Domestic Relations Judge Jeanette A. Irby Virginia Circuit Courts

Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails because they ...

Tagged with: 20th Circuit Court Judge Stephen Sincavage Real Estate Virginia Circuit Courts

Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant are either ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide whether this ...

Tagged with: 20th Circuit Court Family Law Judge Jeanette A. Irby Virginia Circuit Courts

Where defendant demurred to plaintiff’s contract claim on the basis that plaintiff did not name a necessary party, the demurrer is overruled. A demurrer tests the legal sufficiency of factual claims. A motion for joinder is the “proper” vehicle to ...

Tagged with: 20th Circuit Court Civil Practice Judge Jeanette A. Irby Virginia Circuit Courts