Where the father and grandmother appealed a JDR court’s award of custody to a child’s maternal aunt, the circuit court held that the aunt has failed to satisfy the high burden to rebut the presumption that custody should be awarded ...

Tagged with: Family Law Judge David W. Lannetti Virginia Circuit Courts

Where petitioner submitted an unsuccessful offer to the Virginia Port Authority, or VPA, to demolish and remove three ship-to-shore cranes, the court denies petitioner’s action for a temporary injunction to prevent VPA from giving the job to another contractor while ...

Tagged with: Contract Judge David W. Lannetti Virginia Circuit Courts

Where a city revenue commissioner seeks to correct respondent’s self-assessment of its 2017 Business, Professional, and Occupational License (BPOL) tax, the action is untimely under a three-year statute of limitations for an administrative appeal. Although the statute of limitations has ...

Tagged with: Judge David W. Lannetti Taxation Virginia Circuit Courts

A company that purchased commercial property at a foreclosure sale wasn’t entitled to a $450,000 payment a tenant made to the prior owner’s agent to restore leased space to its original condition. Judge David W. Lannetti of the Norfolk Circuit ...

Tagged with: Contract Judge David W. Lannetti Virginia Circuit Courts

Where plaintiff bought a commercial property at a foreclosure sale and the prior owner had assigned all income and rights to secure a loan from defendant bank, plaintiff is not entitled to a $450,000 payment a tenant made to the ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Statements defendant made after asserting his right to an attorney must be suppressed “with the exception of an unprompted comment … [defendant] made when one of the detectives entered the interview room and before the detective began speaking.” Background Defendant ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where a city council revoked a nightclub’s conditional use permit after a shooting occurred on the premises, the nightclub will not be granted a preliminary injunction to prevent enforcement of the revocation. Background The Legacy Lounge obtained a conditional use ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where defendant committed three prior technical violations of his probation, the court is not limited to a 14-day sentence after defendant’s fourth technical violation – first-time absconding from probation. This is so despite language in the sentencing guidelines that seemingly ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where plaintiff requested that defendant city provide all documents relating to finalizing ballot language for a 2020 casino referendum, requested 2022 documents concerning specific phrases, and made a second request that sought documents with one more phrase, plaintiff has not ...

Tagged with: Judge David W. Lannetti VFOIA Virginia Circuit Courts

A circuit court judge granted a defendant’s demurrer in a case over a real estate sales contract after finding both parties to the contract mistakenly believed the defendant seller was the only person to have title to the property the ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts