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Judge Daniel E. Ortiz

Sep 25, 2023

No standing to challenge school renaming policy

Where appellants challenged the State Board for Community Colleges’ adoption of a school renaming policy, they lack standing to sue. They have not alleged that they have standing and “have offered no evidence that would confer standing to sue, beyond mere generalizations as members of the public.” The trial court correctly determined that it lacked […]

Sep 19, 2023

Enforceable arbitration clause in construction contract

Where the parties’ construction contract unambiguously provided that the American Arbitration Association’s rules applied in the event of a dispute, the trial court erred by deciding which of appellants’ claims were subject to arbitration. The AAA rules provide that the arbitrator determines arbitrability. Arbitration rules “Because the contract contains an enforceable arbitration clause t[...]

Aug 30, 2023

Appellant prosecuted under repealed statute

Where appellant violated a statute before its repeal, he can be prosecuted for the violation. The statute’s repeal was not retroactive. It is immaterial that he was not indicted until after the repeal. The date of the offense controls. Background Before its repeal on July 1, 2021, Code § 18.2-104, “provided enhanced punishment for repeat […]

Aug 14, 2023

Shoulder aggravation was ‘compensable consequence’ of prior work-related injury

Where a claimant fell while fishing and aggravated a work-related injury, the Virginia Workers’ Compensation Commission didn’t err when it awarded him disability benefits after crediting a doctor’s opinion about causation, the Court of Appeals of Virginia has held.

Aug 9, 2023

Sufficient evidence of abuse and neglect

Where there was evidence of the child’s extensive injuries, mother’s “inconsistent statements” about how the injuries occurred “and medical testimony on the non-accidental nature of the injuries,” the trial court correctly terminated mother’s parental rights. Abuse and neglect “Mother challenges the circuit court’s dispositional order finding abuse and[...]

Jul 27, 2023

Disability not attributable to intentional conduct

Where the claimant was fishing and fell on the shoulder that was injured in an earlier work-related incident, this was not the type of intentional conduct that would disqualify him from disability benefits. Compensable consequence “On appeal, Fairfax County challenges the Commission’s award of temporary total disability benefits, beginning November 17, 2020, and continuing until […]

Jul 24, 2023

Evidence of third-party guilt correctly excluded

The trial court correctly granted the commonwealth’s motion in limine to exclude evidence of a fingerprint belonging to someone who lived in California on the murder victim’s car. Third-party guilt “[T]he Department of Forensic Science initially matched the fingerprint on Dudley’s [the murder victim’s] car to Cox [who lived in California], but after re-examination found […]

Traffic cone next to parking spaces in lot
Jun 26, 2023

En banc rehearing granted in condo parking case

A Fairfax County condominium association has been granted an en banc rehearing in a dispute with the owner of the commercial condominium units over a parking reallocation plan that reduced the number of reserved parking spaces for the unit from 30 to 12. In April, the Court of Appeals of Virginia upheld a ruling from […]

Jun 11, 2023

Repeal of enhanced penalty statute not retroactive

The repeal of Code § 18.2-104, which makes a third petit larceny charge a felony rather than a misdemeanor, is not retroactive. As a result, “a trial court may properly convict a defendant under the enhanced punishment scheme when the crime occurred prior to July 1, 2021.” Overview “Franklin was arrested and charged with petit […]

Jun 5, 2023

GPS accuracy expert testimony was cumulative

Where appellant was convicted of breaking and entering, and two petit larceny counts, the trial court correctly excluded a defense expert who would have testified about the accuracy of a GPS ankle monitor appellant was wearing as a term of his probation from a prior conviction. The GPS data from the monitor placed him at […]

Jun 1, 2023

No best interest analysis for child’s relocation

“When granting primary physical custody to a parent in an initial custody determination, the trial court need not separately determine whether living out-of-state is in the best interests of the child, if the prospective custodial parent already lives out of state.” Background Coffey, the child’s mother, and Brandon, the child’s father, jointly agreed that the […]

Traffic cone in parking lot
May 30, 2023

Parking change breached contract, violated zoning law

A Fairfax County condominium association’s reallocation of parking spaces violated local and state law and breached its contract with the owner of three commercial condominium units in the development, the Court of Appeals of Virginia upheld. The owner of the commercial condominium units filed suit over the parking reallocation plan after the plan reduced the […]

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