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Tag Archives: Virginia Circuit Courts

Va. Cir.: City couldn’t effect sale before liens ascertained (access required)

In a judicial proceeding to sell tax-delinquent realty, the Commissioner of Accounts cannot enter a decree of confirmation of sale until the value of liens against the property being sold are determined. Background This court appointed a Special Commissioner to ...

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Va. Cir.: TPR in foster child’s best interest (access required)

A father who had little involvement in his child’s life either before or during his incarceration had not taken any steps necessary to maintain residual parental rights to his 12-year-old son. His decision to remain in solitary confinement while incarcerated ...

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Va. Cir.: Quasi-contract claims were within agreement’s scope (access required)

A subcontractor could not prevail on claims of quantum meruit or unjust enrichment when the disputed matters were clearly within the scope of the parties’ agreement. Background In 2014, Plaintiff Total Technology Solutions entered into an agreement with Defendant ActioNet ...

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Va. Cir.: Complaint amended with party’s real name didn’t relate back (access required)

Filed days before the end of the limitations period and never served, the initial complaint didn’t put the defendant on notice of the suit, a Virginia circuit court held. The filing period also wasn’t extended by the defendant’s use of ...

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Va. Cir.: Voluntary payment defeats fee challenge (access required)

A borrower who paid what she considered unreasonable attorneys’ fees to her noteholder, in anticipation of her impending sale of the property securing the note, could not recover fees she had paid voluntarily. To the extent the borrower argued that ...

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Circuit courts can’t “correct race/nationality” (access required)

Neither the Virginia constitution nor any statute conferred jurisdiction on the circuit court to hear petitions for correction of race/nationality, notwithstanding how other states’ courts have treated such petitions. Background Petitioners Michael Pacheco and Anthony Harris have requested this court’s ...

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Va. Cir.: Interlocutory appeal on immunity issues certified (access required)

Concluding that its first-impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties. Background In January 2014, the City of Norfolk contracted ...

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Va. Cir.: Oyer for corporate documents denied (access required)

A defendant may not crave oyer for documents other than deeds or letters of probate and administration, outside the narrow exceptions of (1) agreement of the parties, or (2) supplements to documents related to deeds or probate that are already ...

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Va. Cir.: GDC limit no bar to high ad damnum (access required)

A personal-injury plaintiff could claim $200,000 in ad damnum even though the circuit court was exercising only its appellate jurisdiction. The court acknowledged contrary precedent from the Supreme Court of Virginia, but sought to avoid retrial in the event of ...

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Va. Cir.: Verbal altercation precluded VEC benefits (access required)

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

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