A general district court’s grant of nolle prosequi was a final order that immediately divested it of jurisdiction. Thus, its subsequent actions of prompting the prosecutor to reconsider nolle prosequi, and then reversing its prior grant, were an abuse of ...

Tagged with: Civil Procedure Constitutional Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

In a judicial proceeding to sell tax-delinquent realty, the Commissioner of Accounts cannot enter a decree of confirmation of sale until the value of liens against the property being sold are determined. Background This court appointed a Special Commissioner to ...

Tagged with: Judge David Bernhard Municipal Real Property Virginia Circuit Courts

A habeas petitioner, wanted in California on charges of conspiracy to commit murder, was subject to extradition based on proper authorization and identification contained in California’s documents requesting such extradition from Virginia. The petitioner will remain detained pending appeal. Background ...

Tagged with: Constitutional Criminal Fairfax County Circuit Court Judge David Bernhard

A county board of supervisors challenging the procedural validity of actions by its board of zoning appeals can do so in a declaratory judgment action, separate from an administrative appeal of the particular BZA decision containing the procedural defects. Background ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Municipal Virginia Circuit Courts

A bank’s liability for depositing wired funds procured by fraud is generally governed by Article 4A of the Uniform Commercial Code, the court held, although the bank’s representations to the defrauded party may create a cause of action for negligence. ...

Tagged with: Banking Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Mortgagee Wells Fargo could subordinate its first-priority lien to its third-priority lien on secured property, without thereby moving the second-priority lien to first position, the court held. Defendant Milton H. Cortez obtained two loans to purchase a home in 2005. ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Plaintiff Anthony Hawks, a Washington D.C. attorney, seeks to collect legal fees for services provided to Defendant Jeanne Ellen Libit. Libit was involved in a complex trust litigation in Florida, and Hawks represented Libit both in her individual capacity and ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

In 2007, Johnson purchased 100 shares of MBA Consulting Services Inc. for a price of $100,000. Coleman represented that, because 600 shares of MBA existed, Johnson’s purchase would make him an approximate one-sixth owner of MBA. Yet for the tax ...

Tagged with: Contract Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Scott Evans v. Fairfax County Public School Board (Lawyers Weekly No. 017-8-104, 15pp.) (Bernhard, J.) Fairfax Cir.Ct. Case No. CL-2017-3884. Holding: Where the court previously sustained the defendant-school district’s demurrer to the plaintiff-teacher’s complaint in relation to an economic duress ...

Tagged with: Contract Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard