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Tag Archives: Judge Jeanette A. Irby

Association expenses and charges properly calculated (access required)

Where plaintiff, a commercial owners association, based its assessments on the total square footage of defendant member’s property instead of the developed portion only, this was in accordance with the parties’ contract. As a result, when defendant did not fully ...

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No injunction to ensure compliance with SCV ruling (access required)

Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of ...

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Emancipation immaterial to changing pendente lite order (access required)

Where husband seeks to modify a pendente lite order concerning his child support obligation, the fact that the children are now emancipated does not bar modification. A pendente lite order may be modified at any time while the divorce action ...

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Demurrers sustained in real estate contract case (access required)

Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant are either ...

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JDR court’s dismissal on merits was final order (access required)

The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide whether this ...

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Name remains on sex offender list (access required)

Where petitioner seeks a writ of mandamus to compel respondent Settles, the state police superintendent, to remove petitioner’s name from Virginia’s Sex Offenders and Crimes Against Minors Registry, relief is denied because the offenses he committed require his registration. Ruling ...

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Nonparty’s motion to disqualify counsel granted (access required)

Where husband’s attorney sought to depose a nonparty witness who the attorney previously represented in a divorce matter, the court grants the witness’s motion to disqualify the attorney based on a conflict of interest. Overview In this divorce matter, husband’s ...

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