Even assuming husband anticipatorily repudiated an agreement to arbitrate certain matters in this divorce case, wife did not accept the repudiation before husband “clearly revoked any repudiation.” The trial court erred by granting wife’s motion to be discharged from her ...

Tagged with: Contract Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where plaintiff injured his elbow when he slipped and fell while getting out of his vehicle, he was properly denied disability benefits because where his employer instructed him to park was not the only way to get to and from ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Workers’ Comp

Where claimant injured his foot when he stepped on an automotive fastener at work, the evidence supports a determination that treating the resulting chronic infections with broad spectrum antibiotics caused him to develop inflammatory bowel disease. An award of temporary ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Workers’ Comp

Even though the trial court erred by granting the mother’s motion to strike at the end of the Lynchburg Department of Social Services’ case-in-chief in this child abuse and neglect matter, the error was harmless because the court would have ...

Tagged with: Judge Clifford L. Athey Jr. Parental Rights Virginia Court of Appeals

The trial court correctly ruled that husband’s postseparation employment earnings were transmuted into marital property and properly classified a trading account as marital property. Background The parties were married in 2000. They separated and reconciled several times. The last separation ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

Appellant’s complaint for an annulment was properly dismissed on appellee’s motion to strike because appellant did not corroborate her claim that at the time of the parties’ marriage, appellant was still married to his first wife. Facts Arebalo, the appellant, ...

Tagged with: Domestic Relations Virginia Court of Appeals

There was sufficient evidence to show that appellant possessed methamphetamine with the contemporaneous intent to distribute it. In the trial court Appellant was wanted on an outstanding capias warrant. Deputy Rosemeier saw appellant leave her house and get into her ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant’s plea agreement allowed law enforcement officers to search him, his residence or vehicles up to six times a year for five years after he was released from incarceration, the trial court properly concluded that the annual limit was ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where the court declared a mistrial when evidence surfaced after the close of proofs at appellant’s jury trial that a witness lied on the stand, new indictments against defendant were correctly dismissed on double jeopardy grounds. There was no manifest ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where appellant was indicted for carnal knowledge of a child between the age of 13 and 15, there was no error when the trial court allowed the commonwealth to amend the indictment at trial to taking indecent liberties with a ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals