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Tag Archives: Virginia Circuit Courts

Misrepresentations void policy for airplane damage (access required)

A policy covering the defendant’s airplane was void ab initio based on his false statements about the status and location of the plane. He’d sought last-minute coverage for his already-dilapidated plane as Hurricane Matthew approached, then filed a claim for ...

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Special warranty conveyance preserves interest in condos (access required)

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

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Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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Agency not required to serve decision on unnamed party (access required)

The court lacks jurisdiction to consider this administrative appeal. The City of Norfolk, the petitioner, was not a named party in the agency’s adjudication and submitted no public comments. Thus, it was not entitled to service of the final decision ...

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Va. Cir.: Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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Va. Cir.: Special warranty conveyance preserves interest in condos (access required)

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

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Va. Cir.: Bond company under investigation must produce client information (access required)

A bond company under state investigation for consumer-protection violations has no basis to demand a confidentiality agreement before turning over its client information to the Commonwealth. Although the company said some disclosures might reveal clients’ immigration information and other personal ...

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Va. Cir.: Hearing on forensic testing is ex parte, but order is not (access required)

A capital murder defendant who sought forensic testing of certain evidence was entitled to present his argument to the court ex parte under Code § 9.1-1104. But the statute does not authorize ex parte status for the resulting order as ...

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Va. Cir.: Support modification not doomed by father’s scant evidence (access required)

If facts could be gleaned from the existing record, a father seeking to modify support obligations wasn’t necessarily required to put on evidence of his children’s current needs, since the Child Support Guidelines include a rebuttable presumption of such needs. ...

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