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Tag Archives: Judge David W. Lannetti

Mutual mistake of fact thwarts property sale (access required)

Where both parties to a real estate sales contract mistakenly believed defendant seller had exclusive title to property that plaintiff purchaser contracted to buy, plaintiff has no claim for specific performance, breach of contract or a quiet title/partition action. Defendants’ ...

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Specific performance of real estate contract dismissed (access required)

Where would-be property purchasers did not close on the contractual date, the have no claim for specific performance after the property owner terminated the sales agreement. Overview Newton owns property that the Carlsons wanted to purchase. The purchase agreement provided ...

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Changed circumstances do not warrant custody change (access required)

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing ...

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Lack of privity dooms claim in mortgage case (access required)

Where plaintiff claims that defendant, a mortgage loan servicer, breached a contract, plaintiff’s claim is dismissed because “the Court is unable to determine exactly what [plaintiff] is claiming[.]” Overview In 2005, Perez, the plaintiff in this case, alleges that she ...

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No statutory, constitutional speedy trial violation (access required)

Although some factors weigh in defendant’s favor concerning his speedy trial claims, he is not entitled to relief because he has not shown any particularized prejudice. Background A grand jury indicted defendant Edwards and three others on Aug. 4, 2021, ...

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Eviction moratorium tolled writ of eviction deadline (access required)

A writ of eviction obtained by the Virginia Housing Development Authority more than 180 days after being awarded possession of the foreclosed premises is enforceable. A federal COVID-19-related eviction moratorium tolled the 180-day statutory period. Overview Ononuju defaulted on his ...

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Joinder motion granted in attempted murder case (access required)

Where five defendants are charged with multiple crimes arising from their alleged attack on the victim, the commonwealth’s motion for joinder is granted. The commonwealth has shown good cause, defendants have not shown they will be prejudiced, the court can ...

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Challenge to COVID-19 treatment guidelines rejected (access required)

Although a doctor has third-party standing to bring an informed consent claim on behalf of his patients, he lacks standing to bring a claim under the Virginia Health Care Decisions Act. He is not entitled to a temporary injunction because ...

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