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Tag Archives: Norfolk City Circuit Court

Agreement to distribute sale proceeds upheld (access required)

In this interpleader action, even though there was a mutual mistake of fact regarding a settlement to distribute the proceeds of a property sale, respondents, who seek to reform the distribution agreement, are equitably estopped from doing so. Overview Gerald ...

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City charter signature provisions are valid (access required)

Where COVID-19 emergency orders hampered plaintiffs’ efforts to collect signatures on a petition to have the city of Norfolk adopt a “2nd Amendment Preservation” ordinance, the signature requirements in Norfolk’s city charter are not unconstitutional as applied to plaintiffs. Further, ...

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Oyer denied for party bus inspection certificate (access required)

Where plaintiff’s decedent was killed when she fell through an open or unsecured door on a moving party bus, a defense motion craving oyer of an inspection certificate for the bus is denying because plaintiff’s negligence claim does not arise ...

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Liability for arbitration attorney’s fee clarified (access required)

Where an arbitrator awarded petitioner an attorney’s fee as a sanction for respondent’s failure to comply with discovery, respondent’s substitute counsel is liable for the sanction. Background The action before the court is a review of an arbitrator’s order requiring ...

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Husband’s incarceration did not stay support obligation (access required)

An incarcerated husband remains liable for his spousal support obligation but is not in contempt of court for failing to pay as ordered in the final divorce decree. The court finds that husband’s spousal support arrearage is $489,239. Judgment is ...

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Evidence from warrantless vehicle search suppressed (access required)

Drug evidence found during a warrantless search of defendant’s vehicle will be suppressed because the search “did not fall under any recognized warrant exception. Dark night “Having considered the body worn camera video, transcript of the testimony of Officer Dubus ...

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