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Tag Archives: Judge Wesley G. Russell Jr.

Reasonable notice required for attorney’s fee claim (access required)

The Workers’ Compensation Appellate Commission correctly interpreted its rules to require reasonable notice when requesting attorney’s fees from a health care provider. As determined in Marks v. Henrico Doctors’ Hospital/HCA, ___ Va. App. ___ (June 29, 2021), although the relevant ...

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Court lacked jurisdiction to deny reconsideration motion (access required)

Where more than 21 days had passed after the circuit court entered a conviction and sentencing order in appellant’s assault and battery case, the court lacked jurisdiction to enter an order denying appellant’s motion for reconsideration. As a result, appellant ...

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Income is proper factor to apportion marital debt (access required)

Where the trial court considered the parties’ incomes when apportioning the marital debt, this was a proper consideration under the “catch all” provision of Code § 20-107.3(E). Further, there was no error in the trial court’s methodology for determining wife’s ...

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Sufficient evidence appellant illegally had controlled drug (access required)

After considering the totality of the evidence, the trial court correctly determined that appellant was aware of the nature and character of the controlled substance he possessed. Overview Officer Land responded to a call about appellant Swinea, who told Land ...

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