Where appellant referred to certain exhibits in its complaint, the exhibits did not have to been admitted as evidence at a plea-in-bar hearing before the circuit court could rule on the issue presented. Background Peterson, the appellee in this case, ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

In this business torts case, the trial court’s rulings on damages, attorney fees and interest are affirmed in part and reversed in part, which makes a third remand necessary. Overview This appeal arises from the trial court’s partial judgment against ...

Tagged with: Business Law Justice D. Arthur Kelsey Supreme Court of Virginia

Where the circuit court found for appellee in an easement dispute, this appeal became moot when appellee sold his property. The circuit court’s judgment is vacated. Because the case is moot, neither side was the “substantially prevailing party on appeal.” ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

The Court of Appeals erred by reversing appellee’s reckless driving conviction. There was sufficient evidence from which a rational jury could conclude that appellee’s collision with a stopped motorcycle resulted from “a ‘lengthy, total, and complete’ failure to keep a ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

The circuit court correctly determined appellant was not entitled to a statutory accounting from her brother relating to his management of their father’s financial affairs under a power of attorney. The power of attorney document specifically prohibited such accounting. Further, ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Wills & Trusts

Under Virginia common law, a person can be convicted of robbery “by means of threatening to accuse the victim of having committed sodomy … if the accusation of ‘sodomy’ involves a crime against nature under extant criminal law.” Certified question ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

Where a client referred to a residential at-risk youth program murdered a counselor, the circuit court correctly ruled that the exclusive remedy for the counselor’s estate was a workers’ compensation claim. The circuit court properly dismissed negligence and wrongful death ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Workers’ Comp

Where appellant wife served process of her divorce action on husband by publication, the circuit court correctly vacated a portion of the divorce decree ordering him to pay child support. The court never acquired personal jurisdiction over him. Overview The ...

Tagged with: Domestic Relations Justice D. Arthur Kelsey Supreme Court of Virginia

Where a landlord obtained judgments for unpaid rent and sued the tenants and others for fraudulent and voluntary conveyances, the trial court’s rulings that defendants were jointly and severally liable for the unpaid rent, attorneys’ fees and sanctions are vacated. ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

Where police searched a vehicle occupied by appellant and found a handgun in a backpack pouch that was zipped shut, the handgun was secured within the meaning of the concealed weapon statute. As a result, appellant’s conviction for carrying a ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia