Where mother moved to amend custody of the parties’ child, the record supports the circuit court’s finding that there had been no material change in circumstances since the prior custody award. The circuit court properly denied mother’s motion. Ruling “[T]he ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

There was sufficient evidence for the trial court to determine the marital share of husband’s Army pension. The trial court must do so on remand and decide whether wife is entitled to any part of it up to 50 percent. ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Where a husband appeals the trial court’s modification of a single paragraph in the parties’ voluntary support order, the trial court’s ruling is neither a final order nor an interlocutory order. As a result, his appeal is dismissed for lack ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Where appellant, in his first appeal, unsuccessfully challenged the court’s sentence after being convicted of fraud and a financial crime, he has waived consideration of issues raised in his second appeal petition from the same convictions, which was filed the ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Although appellant’s 911 call “was certainly inappropriate,” and was an “improper use” of the emergency service, the prosecution did not prove that when the call was placed, appellant had the intent to harass the 911 operator. As a result, appellant’s ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

An employer may raise a statute of limitations defense to a medical provider’s unpaid bill even if the employer did not follow the statutory requirements for disputing the bill. The medical provider must submit a timely bill to make the ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers' Compensation

Where appellant assaulted a deputy sheriff as he attempted to handcuff her, her defense that she was resisting an unlawful arrest is not well-taken. There was probable cause to arrest her for obstruction of justice when she disobeyed the deputy’s ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Under the workers’ compensation act, appellant pharmacy is a health care provider and is bound by a one-year limitations period in which to seek reimbursement for prescriptions dispensed to a workers’ compensation claimant. Overview Dove injured her shoulder in a ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers' Compensation

Where appellant accepted a deferred disposition agreement, under which he would be convicted of a misdemeanor instead of a felony if he abided by certain conditions for a year, he cannot challenge the agreement’s legality on appeal after he violated ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where the trial court denied husband’s motion to allow late responsive pleadings to wife’s divorce complaint, the issue cannot be reviewed because husband did not provide a complete record for his appeal. Further, the trial court correctly awarded husband a ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals