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Judge Mary Bennett Malveaux

Mar 11, 2024

Debt collector did not validate debt

The trial court erred when it determined that appellant was liable for a debt because appellee debt collector lacked standing to sue. This is so because appellee “did not provide […]

Mar 4, 2024

Supermajority vote for bylaws change disapproved

Where an electrical cooperative’s bylaws provided that any bylaw changes must be approved by a two-thirds majority, the circuit court erred by upholding this supermajority requirement as a matter of […]

Feb 22, 2024

Sanction against pro se litigant reversed

Where the circuit court deemed as “frivolous” appellant’s motion to vacate his conviction and his 88-year sentence, and stated that it would not “entertain” any pro se “‘pleadings … of […]

Jan 11, 2024

Correct legal standard used to analyze demurrer

Where appellant claimed a prison health service was responsible for him contracting COVID-19 when the service returned an infected inmate to appellant’s housing area, the trial court correctly concluded that […]

Jan 2, 2024

Lessee was holdover after lease expired

Where some of a dental practice’s equipment remained on the premises after the lease expired, the trial court correctly determined that the practice and one of the dentists were responsible […]

Nov 27, 2023

Appellees had power to remove business manager

The trial court’s ruling that two members of an LLC had the necessary voting power to remove a third member as manager is affirmed. Background Rajeeva and Poonam Agarwal founded […]

Nov 13, 2023

Remand for new ‘Brady’ hearing

Where appellant was convicted of two counts of first-degree murder, two counts of use of a firearm in the commission of a felony and one count of robbery, the trial […]

Oct 17, 2023

Title applicant made false statements to DMV

Where appellant claimed he possessed the vehicles he was attempting to title under the Department of Motor Vehicle’s abandoned vehicle process, or AVP, he was properly convicted under Code § […]

Sep 25, 2023

Protective order properly entered on mom’s, child’s behalf

There was sufficient evidence to justify a protective order against father in favor of a 15-year-old child, A.N.H., an adult child and the mother. Discussion “Father argues that the circuit […]

Aug 30, 2023

Counterclaim for unpaid rent dismissed

Where the parties disputed the terms of their lease agreement concerning the payment of rent, the trial court considered the testimony and trial exhibits, and correctly credited the lessee’s version. […]

Aug 20, 2023

Equitable distribution hearing OK in wife’s absence

The trial court correctly denied wife’s “motion to reconsider after the court conducted an equitable distribution hearing in her absence and entered a final order of divorce.” The court properly […]

Jul 27, 2023

Retirement account was marital property

The trial court correctly ruled that husband’s retirement account was marital property despite husband’s claim that it was funded with income he earned before the parties’ marriage. Classification of marital […]

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