One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Personal Injury Virginia Circuit Courts

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Albert Diaz Judge David A. Oblon Judge David W. Lannetti Judge Everett A. Martin Jr. Judge T.S. Ellis III

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

Tagged with: Civil Procedure Contract Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Real Property Virginia Circuit Courts

A personal-injury plaintiff could claim $200,000 in ad damnum even though the circuit court was exercising only its appellate jurisdiction. The court acknowledged contrary precedent from the Supreme Court of Virginia, but sought to avoid retrial in the event of ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

At various times, hundreds of locks have been attached to the Botetourt Street Bridge. Despite many requests, the City of Norfolk has removed locks only when others cut them. Upon viewing the Bridge, the court found that there were about ...

Tagged with: Judge Everett A. Martin Jr. Municipal Norfolk Circuit Court Virginia Circuit Courts

A group of Norfolk jurors may decide whether rusty locks on a pedestrian bridge would justify a court-ordered remedy. A Norfolk circuit judge says under a 1919 law, he will impanel a special grand jury to determine whether so-called “love ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court

Armed with a nearly century-old statute and pressing for a special grand jury, a Hampton Roads lawyer hopes to get the city of Norfolk to remove dozens of so-called “love locks” clamped onto a historic pedestrian bridge. It’s the latest ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court

A doctor who allegedly had a contract to testify as a causation expert for a medmal plaintiff, but who told plaintiff’s lawyers two weeks before the scheduled trial that he found an expert radiologist’s underlying opinion “problematic” and that if ...

Tagged with: Judge Everett A. Martin Jr. Medical Malpractice Norfolk Circuit Court Virginia Circuit Courts

A lot can go wrong in the whirlwind of activity just before a medical malpractice trial, but what happens when a doctor on your team suddenly announces he can no longer support a key element of your case? As a ...

Tagged with: Contract John C. Schaefer Judge Everett A. Martin Jr. Norfolk Circuit Court Warren and Associates

A Norfolk Circuit Court dismisses appeals of 18 of petitioning father’s 19 motions to show cause filed in the JDR court over a six-week period alleging matters such as a failure to give notice of doctors’ appointments, a failure to ...

Tagged with: Domestic Relations Judge Everett A. Martin Jr. Norfolk Circuit Court