Nov 23, 2025

Search and Seizure: Missing affidavit isn’t fatal

Although the affidavit could not be located in the clerk’s office, where the officer testified the affidavit he filed with the clerk’s office was the original on which the search warrant was based, he provided a copy to the public defender’s office, he was cross-examined about its contents and the circuit court found the copy was not “illegible or not readable,” it did not err in finding[...]

Nov 10, 2025

Civil Procedure: Woman has standing to sue over husband’s death

Where a circuit court retroactively appointed the plaintiff as administrator for her husband’s estate, she has standing to bring personal-injury and wrongful-death actions on her husband’s behalf.

Oct 20, 2025

Civil Procedure: Circuit court erred by granting demurrer on argument that wasn’t made

Where the circuit court granted George Mason University’s demurrer against a retaliation claim under the Fraud and Whistle Blower Protection Act of Virginia on the basis the university was not a “person” under the statute, but the university did not make that argument in its demurrer, the circuit court erred.

Oct 5, 2025

Contract: Solar energy company is liable for underperforming solar panel modules

Where the trial court held a solar energy company was liable for damages resulting from its underperforming solar panel modules, the verdict was affirmed.

Sep 22, 2025

Real Property: Lienholder loses in suit over real property proceeds

Where a lienholder argued it was entitled to surplus funds from the judicial sale of real property, its claim was barred by a 10-year limitations period in Code § 8.01-241(A).

Jun 16, 2025

Damages: Real property is sold for $16.9 million to satisfy debts

Where the owner of real property that was sold at auction to satisfy the owner’s debts challenged the process and the amount obtained from the sale, the court rejected each of its arguments.

May 12, 2025

Contract: Man waited too long before pursuing $260,000 confessed judgment

Where a promissory note had a maturity date of March 25, 2013, the note holder’s September 2021 complaint for confessed judgment was filed too late. Although the note holder argued that the statute was tolled, this argument was rejected.

May 5, 2025

Negligence: No mistrial despite lead counsel’s heart attack during trial

Although the defendant’s lead counsel suffered a heart attack during the trial, the circuit court did not abuse its discretion when it denied a mistrial. The second chair delivered the opening statement, competently directed and redirected witnesses and gave a thorough and detailed closing argument.

Apr 20, 2025

Domestic Relations: No error in final decree of divorce

Where husband challenged the testimony of wife’s expert witness, the equitable distribution award of their marital bank accounts and wife’s retirement account and the spousal support award, but each of his arguments failed, the circuit court’s decision was affirmed.

Apr 13, 2025

Real Property: Right to use private road wasn’t extinguished by merger

Where the circuit court held a property owner’s right to use a private road that traversed the edge of its neighbor’s land was extinguished under the doctrine of merger, it erred.

Apr 7, 2025

Negligence: Landowner dodges wrongful death suit over runaway horse

Where a neighbor’s horse escaped through a hole in a fence caused by a fallen tree or limb, but the landowner had no duty to inspect and cut down the trees on her private property to prevent injury to drivers on the public roadway, her demurrer was granted.

Apr 7, 2025

Real Property: Bank prevails in unlawful detainer suit

Where a homeowner who lost his house at foreclosure responded to an unlawful detainer suit by the purchaser by challenging its title, but his challenges were not legitimate, the bank prevailed in the suit.