Quantcast

Tag Archives: Judge David A. Oblon

Demurrer not permitted when circuit court hears appeal (access required)

The Fairfax County Board of Supervisors may not demur to a petition for a writ of certiorari appealing a decision of the county’s Board of Zoning appeals. Overview Harmony Hill Equestrian Center received an unfavorable decision from the county BZA ...

Read More »

Court will not unseal mother’s expunged criminal records (access required)

In this custody dispute, where petitioner-father seeks to unseal mother’s expunged criminal records and to intervene in pending expungement proceedings, the court denies petitioner’s motions. Father seeks the sealed records as evidence the court should consider when determining the best ...

Read More »

Alleged paramour’s existing information must be disclosed (access required)

Where wife counterclaimed for a divorce on grounds of adultery, husband’s alleged paramour cannot claim a Fifth Amendment privilege in response to a civil subpoena duces tecum for existing personal, private information, even if such information is incriminating. However, the ...

Read More »

Court articulates factors to award attorneys’ fees (access required)

Where the divorcing parties each seek attorneys’ fees from the other, the court provides the guidelines and considerations it uses to determine whether to shift attorneys’ fees and whether a fee request is reasonable. Discussion “[T]here is little authority to ...

Read More »

Wages cannot be recouped for alleged concealed wrongdoing (access required)

Plaintiff employer cannot recoup compensation paid to defendant employee while he allegedly concealed job-related wrongdoing. This letter opinion is issued to explain why it differs from an opposite conclusion another judge of this court reached in a related case. Overview ...

Read More »

Guardian required for incapacitated person’s divorce (access required)

A power of attorney agent may not maintain a divorce action on behalf of the principal. The Uniform Power of Attorney Act expressly grants guardians the power to change a ward’s marital status. Overview The parties married in 1993. They ...

Read More »

Owners enjoined from parking truck on property (access required)

After receiving notice to remove a truck from their property, defendant provided insufficient evidence that he successfully converted the truck from an impermissible commercial vehicle into a permissible recreational vehicle. As a result, an injunction will issue compelling defendant to ...

Read More »