Tag Archives: Justice D. Arthur Kelsey

Appellate claims can’t “piggy-back” on others’ notice (access required)

The circuit court, on appeal from a GDC case, lacked jurisdiction on plaintiff’s appeal to also consider the defendant’s counterclaim, let alone award damages, when the plaintiff was the only party that noticed its appeal. Background This case began in ...

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Hearing Period’s Expiration Doesn’t Warrant Dismissal (access required)

The Supreme Court affirmed Appellant Joseph Boyd Rickman’s civil-commitment order, even though the required probable-cause hearing took place outside the statutory hearing timeframe. In contemplation of Rickman’s impending release from custody on numerous child sex-crime convictions, the Commonwealth petitioned to ...

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Third-Party Beneficiary – Condition Precedent – Prevention Doctrine –Purposeful Act or Omission (access required)

Rastek Constr. & Dev. Corp. v. General Land Commercial Real Estate Co. LLC (VLW No. 017-6-095, 16pp.) (Kelsey, J.) Record No. 161549. Appealed from the Circuit Court of Chesterfield County. Holding: Where the appellant-seller had signed a sales agreement with ...

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Let no man put asunder… (access required)


A hard-fought battle over the technicalities of getting married in Virginia has been resolved with a narrow judicial preference for the validity of marriage over formulaic procedure. The backyard wedding of Richard Levick and Deborah MacDougall in 2002 – with ...

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