Even though the circuit court misconstrued a notice of default provision in a deed of trust as being optional rather than mandatory, there was no reversible error because the lender, in fact, provided the borrower with a notice of default. ...

Tagged with: Contract Judge Mary Grace O'Brien Virginia Court of Appeals

A neuropsychologist hired by claimant’s employer was correctly admitted as an expert witness under the Workers’ Compensation Commission’s own rules and procedures. “[T]he Commission ‘is not bound by statutory or common law rules of pleading or evidence nor by technical ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers’ Comp

A jury’s conclusion that a car repair and painting business was liable for conversion after it sold a classic car that its owner refused to pick up for months has been reversed on appeal in a matter of first impression. ...

Tagged with: Business Judge Mary Grace O'Brien Virginia Court of Appeals

A Supreme Court of Virginia majority has refused to expunge a felony charge of driving while intoxicated even though the government conceded that the man didn’t have the requisite prior felony and should only have been charged with a misdemeanor. ...

Tagged with: Criminal Judge Mary Grace O'Brien Justice Cleo E. Powell Justice Thomas P. Mann Supreme Court of Virginia

Where appellant, a part owner of a car repair and painting business, sold appellee’s vehicle after obtaining a declaration from the DMV that it had been abandoned, the trial court should have granted appellant’s motion for judgment notwithstanding the jury’s ...

Tagged with: Business Judge Mary Grace O'Brien Virginia Court of Appeals

Where father provided no admissible evidence to support his request to reduce his child support obligation, there was no error in the court’s evidentiary rulings. Mother’s motion to strike was properly granted. Documentary evidence “Father contends the court erred in ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The trial court properly allowed a victim impact statement and testimony from a mother whose daughter died from an overdose of drugs that appellant supplied. Facts Samantha Rigdon and her young son lived with her mother, Deborah Rigdon (Rigdon). Rigdon ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Where appellate counsel submitted a partial Anders brief, in which he raised substantive issues and identified two frivolous ones, the court will not review the record or allow counsel to withdraw as to those two issues. ‘Anders’ procedure Under Anders ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

The Virginia Workers’ Compensation Commission correctly awarded an injured school bus driver temporary total disability benefits for a five-day period. The commission properly determined her change in condition was causally related to a work-related car accident four years earlier. Background ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers’ Comp

A sanctions order against appellant “for filing a praecipe with an inaccurate certification of compliance with Rule 4:15(b)” is upheld. “However, the court abused its discretion in sanctioning DeVita for his emails to the GAL and nonappearance before the calendar ...

Tagged with: Civil Practice Judge Mary Grace O'Brien Virginia Court of Appeals