Where, as part of the equitable distribution, the trial court awarded a preserved pre-embryo to wife and did not compensate husband for his share of the marital property, the court’s judgment is reversed. The case is remanded so the trial ...

Tagged with: Family Law Judge Marla Graff Decker Virginia Court of Appeals

There was sufficient evidence that appellant’s corporal punishment of his child “exceeded the bounds of due moderation” and that he had “at least criminally negligent intent.” As a result, his child cruelty conviction is affirmed. Legal standard “The proscription in ...

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

Where the Virginia Workers’ Compensation Commission denied some of claimant’s medical claims because they were not caused by her compensable work accident, the record supports the commission’s determination. Background A six-pound metal tray fell from a seven-foot shelf and hit ...

Tagged with: Virginia Court of Appeals Workers’ Comp

Executive orders relating to face mask usage in response to the COVID-19 pandemic did not violate the Virginia Administrative Process Act. The governor issued the executive orders under the Virginia Emergency Law. The EOs are not subject to review under ...

Tagged with: Administrative Judge Mary Grace O'Brien Virginia Court of Appeals

Where claimant fell down a stairway at work, the Virginia Workers’ Compensation Commission properly determined that appellees correctly refused to authorize further medical treatment after her treating physician opined she did not need further orthopedic treatment and she did not ...

Tagged with: Virginia Court of Appeals Workers’ Comp

Where the parties each claim the other violated their oral agreement concerning living together and sharing expenses after the final divorce decree was entered, their property settlement agreement, which provides that any modifications must be in writing, controls the resolution ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The circuit court had jurisdiction to modify a previous order relating to the equitable distribution of the parties’ retirement benefits, even though the correcting order was entered more than 21 days after the original order. Husband argues on appeal that ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The circuit court had personal jurisdiction over husband and subject matter jurisdiction to enter the parties’ consent support order and award wife attorney’s fees. Background The parties separated after a nine-year marriage. On Nov. 29, 2018, wife petitioned the Suffolk ...

Tagged with: Domestic Relations Virginia Court of Appeals

Where mother moved to amend custody of the parties’ child, the record supports the circuit court’s finding that there had been no material change in circumstances since the prior custody award. The circuit court properly denied mother’s motion. Ruling “[T]he ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Where appellant did not challenge his no-contest pleas in the circuit court, his appeal cannot be heard under either the “good cause” or “ends of justice” exceptions in Rule 5A:18. “[A]ppellant argues that his pleas of no contest were not ...

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