Where the trial court declined to modify its custody and visitation order to give father more time with the parties’ child, there was no error. Best interest “Father argues that the trial court erred by not modifying the custody and ...

Tagged with: Domestic Relations Judge Junius P. Fulton III Virginia Court of Appeals

Where no evidence was presented to establish a prima facie case of negligence in this car collision case, a $7 million jury verdict for appellee is reversed. There were three possible theories of causation: appellant caused the accident, appellant and ...

Tagged with: Judge Glen A. Huff Judge Richard Y. AtLee Jr. Personal Injury Virginia Court of Appeals

Although a workers’ compensation claimant had standing to challenge an alleged medical payment shortfall, the claim fails on the merits because there were no outstanding medical bills and the medical providers are not seeking to recover any shortfall. Overview On ...

Tagged with: Judge Frank K. Friedman Virginia Court of Appeals Workers’ Comp

A Fairfax County condominium association’s reallocation of parking spaces violated local and state law and breached its contract with the owner of three commercial condominium units in the development, the Court of Appeals of Virginia upheld. The owner of the ...

Tagged with: Contract Judge Daniel E. Ortiz Judge Vernida R. Chaney Virginia Court of Appeals

Where a statute provides immunity from arrest or prosecution to individuals who seek emergency medical assistance for a drug overdose, appellant is not entitled to the statute’s protection. He did not remain at the overdose scene as the statute requires. ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals

Where the trial court sentenced appellant to active time after he used alcohol and marijuana while on probation, “[w]e hold that the trial court did not err by classifying his alcohol violation as non-technical and ordering the appellant to serve ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where two defendants in this defamation case moved for post-trial sanctions against plaintiff and his counsel after a jury returned a defense verdict, the trial court erred by denying one defendant’s motion. “Although [plaintiff] Scarabelli’s complaint against [defendant] Call was ...

Tagged with: Defamation Judge Daniel E. Ortiz Virginia Court of Appeals

Where the marital home became wife’s sole and separate property after the parties amended their property settlement agreement (PSA), the trial court had the authority to enforce the amendment and correctly did so with a declaratory judgment. PSA amendment “At ...

Tagged with: Domestic Relations Judge Dominique A. Callins Virginia Court of Appeals

Even though the record supports grounds for divorce based on the parties living apart for a year or more, the record also supports the trial court’s finding that wife deserted the marriage. The trial court was free to choose either ...

Tagged with: Domestic Relations Judge Dominique A. Callins Virginia Court of Appeals

In this adverse possession case, appellees’ exclusive 15-year  possession of a disputed area was unaffected when they granted appellant, the adjoining landowner, permission to install a drainage pipe in the area. Overview In 1996, Tarek and Kye Abboushi, the appellees ...

Tagged with: Judge Junius P. Fulton III Real Estate Virginia Court of Appeals