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Tag Archives: Justice D. Arthur Kelsey

No fees from unrepresented siblings in partition case (access required)

Where appellant, relying on a police report, named the wrong person as the defendant driver in a personal injury case, appellant was entitled to file a new complaint naming the correct person after the statute of limitations expired. Background On ...

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Supreme Court splits on eviction delay power (access required)

Eviction Notice Letter on Front  Door

A divided Supreme Court of Virginia has acceded to a request from the governor to institute a second suspension of Virginia eviction proceedings. The new, four-week freeze was welcomed by legal aid housing advocates, but the court’s Aug. 7 published ...

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Interpretation request did not violate terror clause (access required)

A beneficiary’s declaratory action to determine rights and duties did not violate a trust’s no-contest clause. Background Charles and Theresa Hunter had two children, Chip and Eleanor, and a granddaughter. Charles and Theresa each created trusts naming the children and ...

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COA’s interpretation of hit-run statute vacated (access required)

The Court of Appeals correctly affirmed appellant’s conviction under the hit and run statute after determining there was sufficient evidence to show that he failed to satisfy either of the two post-accident reporting requirements. However, the Court of Appeals should ...

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Contract and tort claims revived in mold case (access required)

Where plaintiffs alleged tort and contract claims arising from defendant’s construction of a home and  post-construction attempts to repair leaks and remediate the resulting mold, the trial court erred by granting defendant’s demurrers and dismissing all claims. Overview The appeal ...

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Owners’ association holiday decoration rules unenforceable (access required)

A homeowner association’s seasonal decoration guidelines exceeded its declaration of restrictive covenants and are thus unenforceable. The circuit court’s judgment, which upheld fines imposed against appellant property owners for violating the guidelines, and which awarded attorney fees and costs, is ...

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