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Tag Archives: Unpublished Opinion

CAV: Marital share of company’s value matches ownership (access required)

The circuit court did not err in classifying only 30 percent of a litigation-support company’s increase in value during the course of an owner’s marriage as marital property. The court considered evidence as to whether the increase was due to ...

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CAV: Unknown source of abuse blocks twins’ return home (access required)

Twin baby girls who, at about four months old, were found to have bone fractures and subdural hematomas indicative of abuse, could not be returned to their parents’ care when the parents were not forthcoming about how the abuse might ...

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CAV: Court had to value student loans as of couple’s split (access required)

For equitable-distribution purposes, the circuit court erred in failing to determine the amount of a husband’s student loans as of the date he and his wife separated. Under the circumstances, it was within its authority to re-open evidence on that ...

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SCV: Ratepayers had no right to weigh in on fuel agreements (access required)

While fuel-company affiliates entering procurement agreements had to obtain approval from the State Corporation Commission, the Commission sufficiently reviewed the agreements. Such review and approval does not require a formal hearing where the public can raise objections. Background Appellant Sierra ...

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CAV: Grandmother’s inaction supports refused placement (access required)

The circuit court did not err in concluding that a 12-year-old girl who had been fostered for two years by the same family, along with her siblings, should not be placed instead with her incarcerated father’s mother. The father’s family ...

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CAV: Mother’s lack of contact with kids supports termination (access required)

Despite significant compliance with social services requirements to reunite with her five living children, a mother had not substantially remedied the conditions that required them to be placed in foster care. She had not seen the children since they were ...

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CAV: $1 million Medicaid repayment order upheld (access required)

A licensed Medicaid provider serving individuals with intellectual disabilities was ordered to repay a state agency for Medicaid reimbursements it issued, due to findings that the provider failed to submit and/or maintain required documentation to support its payment claims. Because ...

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4th Cir.: Homestead had no notice of ice near walkway fountain (access required)

A guest at the Omni Homestead did not demonstrate that the hotel had either actual notice of ice she slipped on or constructive notice, based on the hazardous condition allegedly caused by operating the outdoor fountain in sub-freezing conditions. Background ...

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CAV: Attempted capital murder conviction upheld (access required)

A man who initiated a gun fight with a law enforcement officer, apparently while under the influence of alcohol and marijuana, unsuccessfully challenged the trial court’s evidentiary rulings and accepted jury instructions. Background David Frizzell appeals his convictions for attempted ...

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CAV: Continuance denial during incarceration not improper (access required)

The circuit court did not err in not continuing a hearing to terminate a father’s parental rights while he was incarcerated; nor did it err in determining that termination was in the child’s best interests. The father had minimal contacts ...

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