A Virginia Appellate Law Blog
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J&R Enters. v. Ware Creek Real Estate Corp., Record No. 097-23-2 (Va. Ct. App. Apr. 23, 2024)
In today’s sole civil published opinion, the Court of Appeals clarifies the adverse witness rule. More
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Sidar v. Doe, Record No. 0837-23-4 (Va. Ct. App. Apr. 16, 2024)
A trial court clerk’s mistake becomes an appellee’s misfortune. More
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Williams v. Boggess, Record No. 0600-23-3 (Va. Ct. App. Apr. 9, 2024)
In its only published opinion today, the Court of Appeals construes a provision of the Uniform Power of Attorney Act. More
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Davis v. Wal-Mart Assocs., Inc., Record No. 0503-23-3 (Va. Ct. App. Apr. 2, 2024)
The Court of Appeals reviews a Workers’ Compensation decision to decide if a compensable injury exists.More
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Pompell v. Commonwealth, Record No. 1246-23-3 (Va. Ct. App. Mar. 26, 2024)
The Court of Appeals considers whether the statute of limitations can bar the amendment of a felony to a misdemeanor if the misdemeanor is not a lesser-included charge. More
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McNally v. Virginia Dept. of Motor Vehicles, Record No. 0816-23-3 (Va. Ct. App. Mar. 26, 2024)
The Court of Appeals finds no constitutional error in a hearing held pursuant to the State Grievance Procedure. More
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Green v. Portfolio Recovery Associates, LLC, Record No. 0144-22-3, Rehearing en banc granted
The Court of Appeals does not release any new published opinions today, but it does grant a rehearing en banc of the split panel opinion Green v. Portfolio Recovery Associates, LLC, Record No. 0144-22-3. The panel opinion represented a rare appellate win for a pro se litigant. More
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Parrish v. Vance, Record No. 1687-22-4 (Va. Ct. App. Mar. 12, 2024)
The Court of Appeals holds that a landlord and tenant cannot waive the warranty of habitability provided by the Virginia Residential Landlord Tenant Act. More
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Howard v. Harris, Record No. 1499-22-2 (Va. Ct. App. Mar. 5, 2024)
The Court of Appeals reverses summary judgment on two issues: the illegality defense and gross negligence. More
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Stanton v. Virginia Beach – Fire Operations, Record No. 0344-23-1 (Va. Ct. App. Jan. 30, 2024)
The Court of Appeals interprets the tolling provisions of the Workers’ Compensation Act’s change-in-condition statute.More
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Shaw-McDonald v. Eye Consultants of N. Va., Record No. 0067-23-4 (Va. Ct. App. Jan. 30, 2024)
What happens when a bankruptcy trustee fails to administer an injury claim before the bankruptcy case is closed?More
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Boyette v. Sprouse, Record No. 1278-22-2 (Va. Ct. App. Jan. 23, 2024)
The Court of Appeals analyzes and applies the “sudden emergency” doctrine. More
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Smith Development, Inc. v. Conway, Record No. 1245-22-4 (Va. Ct. App. Jan. 9, 2024)
Today, a divided Court of Appeals panel decides whether a legal malpractice action is time-barred due to the “particular undertaking” doctrine.More
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Boxley v. Crouse, Record No. 0183-23-3 (Va. Ct. App. Dec. 28, 2023)
In a rare Thursday opinion, the Court of Appeals discusses easements.More
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Brown v. Kirkpatrick, Record No. 1100-22-1 (Va. Ct. App. Dec. 19, 2023) (en banc)
In a split en banc decision, the Court of Appeals reverses a panel decision that had found that an insured can pursue a tortfeasor for full payment of a judgment when a UIM carrier waives its right of subrogation.More
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Martin v. Lafountain, Record No. 0971-22-3 (Va. Ct. App. Dec. 12, 2023)
In this brief opinion, the Court of Appeals addresses taxpayer standing. More
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Appellate Bonds
The Court of Appeals did not hand down any published opinions today, so let’s talk about appellate bonds instead.More
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Calway v. City of Chesapeake, Record No. 1692-22-1 (Va. Ct. App. Nov. 28, 2023)
What effect does a defective notice of a zoning violation have on any subsequent enforcement action?More
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Graydon Manor LLC v. Board of Supervisors of Loudoun County, Record No. 1012-22-4 (Va. Ct. App. Nov. 21, 2023)
The Court of Appeals discusses the role of a motion to strike in a hybrid trial-appellate context.More
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Baez v. Commonwealth, Record No. 0073-23-3 (Va. Ct. App. Nov. 14, 2023)
The Court of Appeals determines the admissibility of an officer’s body-worn camera footage.More
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Clutteur v. Rosier, Record No. 0104-22-3 (Va. Ct. App. Oct. 31, 2023)
The Court of Appeals reminds us again to double- and triple-check that we are naming the correct party in our suit papers.More
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Neal v. Sec’y of the Dep’t of Veterans Affairs, Record No. 1219-22-4 (Va. Ct. App. Oct. 24, 2023)
In this nuanced opinion, the Court of Appeals explores the role that title may play in an unlawful detainer case. More
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Wright v. Graves, Record No. 1079-22-3 (Va. Ct. App. Oct. 17, 2023)
The Court of Appeals considers whether a plaintiff properly pled his actual innocence after winning habeas relief from his conviction. More
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Anderson v. Clarke, Record No. 230172 (Va. Oct. 12, 2023)
The Supreme Court of Virginia hands down its first published opinion since July. More
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Minor v. Heishman, Comm. of Accounts, Record No. 0980-22-4 (Va. Ct. App. Oct. 10, 2023)
In a lengthy opinion, the Court of Appeals discusses the role of the Commissioner of Accounts. More
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Parrish v. Callahan, Record No. 1342-22-3 (Va. Ct. App. Oct. 3, 2023)
A foreclosed homeowner tries to rescind the sale of his home in the Court of Appeals. More
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Stack v. Larsen, Record No. 1301-22-3 (Va. Ct. App. Sept. 26, 2023)
This is the second go-around in the appellate courts for these parties, fighting over property bequeathed in a will. More
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Amazon Logistics, Inc. v. Virginia Employment Comm., Record No. 0310-22-2 (Va. Ct. App. Sept. 26, 2023)
In a 32-page opinion, the Court of Appeals affirms the Virginia Employment Commission’s determination that Amazon Flex drivers are employees for purposes of unemployment tax. More
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Be Careful What You Ask For…
The Court of Appeals does not hand down any published civil opinions today, so let’s talk about an often overlooked aspect of error preservation: endorsements to orders. More
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Forbes v. Cantwell, Record No. 0212-22-3 (Va. Ct. App. Sept. 12, 2023)
In a split decision, the Court of Appeals discusses easements and the parol evidence rule. More
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City-to-City Auto Sales, LLC v. Harris, Record No. 0728-22-2 (Va. Ct. App. Aug. 29, 2023)
When is it too late to arbitrate? More
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Salunkhe v. Christopher Customs, LLC, Record No. 1195-22-4 (Va. Ct. App. Aug. 22, 2023)
When is an easement public? More
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Navy Fed. Credit Union v. Lentz, Record No. 1115-22-2 (Va. Ct. App. Aug. 15, 2023)
Can a financial institution be held liable for failing to detect a wire transfer scam? More
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LKQ Corp. v. Morales, Record No. 1173-22-4 (Va. Ct. App. Aug. 1, 2023)
In this case from the Workers’ Compensation Commission, the Court of Appeals decides whether a claimant failed to cooperate with vocational rehabilitation without justification. More
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Choi v. Choi, Record No. 0727-22-4 (Va. Ct. App. Aug. 1, 2023)
In a published order, the Court of Appeals determines whether an amendment to its jurisdictional statute affects pending appeals. More
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Miles v. Commonwealth, Record No. 0288-22-2 (Va. Ct. App. July 25, 2023)
The Court of Appeals interprets Rule 5A:18 and two terms within Code § 18.2‑279, which prohibits the discharge of a firearm within an occupied building. More
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Walker v. Commonwealth, Record No. 0464-22-2 (Va. Ct. App. July 18, 2023)
In determining what conditions to place on a person found not guilty by reason of insanity, a trial court must balance the acquittee’s need for treatment and supervision with the interests of justice and society. More
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Blue Pearl Veterinary Partners, LLC v. Anderson, Record No. 1180-22-1 (Va. Ct. App. Jul. 11, 2023)
In this short opinion, the Court of Appeals determines the elements of damages that can be recovered for injury to a pet. More
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Brown v. Kirkpatrick, Record No. 1100-22-1 (Va. Ct. App. July 5, 2023)
In a split opinion, a Court of Appeals panel finds that an insured can pursue a tortfeasor for full payment of a judgment when a UIM carrier waives its right of subrogation. More
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Commonwealth v. Muwahhid, Record No. 0618-22-2 (Va. Ct. App. June 13, 2023)
The Court of Appeals interprets the private-person clause of the Virginia Tort Claims Act. More
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CSE, Inc. v. Kibby Welding, LLC, Record No. 1438-22-3 (Va. Ct. App. June 13, 2023)
Here, the court explores the enforceability of a guaranty. More
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City of Hampton v. Williamson, Record No. 210988 (Va. June 8, 2023)
This opinion and dissent delve into several canons of statutory construction to determine the discovery obligations of a locality in a grievance proceeding. More
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King v. Commonwealth, Record No. 0397-22-1 (Va. Ct. App. June 6, 2023)
In this case, the Court of Appeals explores the limits of the Miller defense. More
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Abouemara v. Commonwealth, Record No. 0284-22-2 (Va. Ct. App. June 6, 2023)
When is a bribe a bribe? More
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Orndoff v. Commonwealth, Record No. 0973-21-4 (Va. Ct. App. June 6, 2023)
This case discusses under what circumstances a trial court has the power of summary contempt. More
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Maust v. Commonwealth, Record No. 0505-21-4 (Va. Ct. App. May 30, 2023) (en banc)
In a seesaw of a case, the Court of Appeals sitting en banc reverses a split panel opinion, which itself had reversed the trial court judgment. More
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Happe v. Zimmerman, Record No. 0588-22-3 (Va. Ct. App. May 23, 2023)
In an issue of first impression, the Court of Appeals determines the standard a petitioner must meet to extend a protective order. More
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When is a final order final?
This may seem like an easy question, and often it is. But, there are nuances, and you can get yourself into some pretty hot water if you get it wrong. Entry of a final order triggers three critical dates. First, the trial court loses jurisdiction over the case 21 days after entry. Second, the deadline…
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Brandon v. Coffey, Record No. 0440-22-2 (Va. Ct. App. May 16, 2023)
In today’s short opinion, the Court of Appeals considers whether a trial court must separately consider whether living out-of-state is in the best interest of the child when the prospective custodial parent already lives out of state. More
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Veldhuis v. Abboushi, Record No. 0776-22-4 (Va. Ct. App. May 9, 2023)
This opinion discusses the exclusive possession element of an adverse possession claim. More
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Williams v. Legere, Record No. 1225-22-1 (Va. Ct. App. May 2, 2023)
In a case of first impression, the Court of Appeals applies strict scrutiny analysis to the question of the constitutionality of a statute governing the procedure for gathering signatures for a petition for a referendum. More
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Holman v. Commonwealth, Record No. 0629-22-2 (Va. Ct. App. Apr. 18, 2023)
Some of us may never hear this phrase again in our legal lifetimes: “The ‘ends of justice’ exception applies.” More
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Bland-Henderson v. Commonwealth, Record No. 1359-21-2 (Va. Ct. App. Apr. 11, 2023)
What does the word “shall” mean? It depends on who you are… More
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Ranger v. Hyundai Motor America, Record 220058 (Va. Apr. 6, 2023)
In this short opinion, the Supreme Court decides that a manufacturer need not pay pre-litigation attorney fees to comply with the Lemon Law. More
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Jalloh v. S.W. Rodgers, Record No. 0920-22-4 (Va. Ct. App. April 4, 2023)
Facts. On June 10, 2021, Abu Jalloh fell off a ladder and injured his back, neck, and shoulders. A few days later, Jalloh’s safety officer called Jalloh to convince him to get medical attention, but Jalloh said he would find his own doctor. The officer went to Jalloh’s home to give him a panel list…More
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Yourko v. Yourko, Record No. 22039 (Va. Mar. 30, 2023)
The Supreme Court hands down a major family law case today, reversing the Court of Appeals’ published opinion. The question before the Court was whether federal law bars a spouse from agreeing to indemnify a former spouse if military retirement pay is reduced. TLDR: It doesn’t. More
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Evans v. Truist Bank f/k/a Branch Banking & Trust Co., Record No. 0631-22-3 (Va. Ct. App. Mar. 28, 2023)
Facts. On March 1, 2011, Truist Bank, formerly BB&T, loaned Edward Brian Evans $732,000 in exchange for a promissory note. Evans made several materially false statements concerning his financial situation both before and after receiving the loan. Unsurprisingly, Evans failed to make his payments, and on October 17, 2013, Truist notified him that he was…More
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What To Do When Things Go Wrong: You Missed The Deadline To File Your Notice of Appeal
Here’s how you can still save your appeal if you file your Notice of Appeal late. More
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Khine v. Commonwealth, Record No. 0900-21-1, 75 Va. App. 435 (Sept. 13, 2022)
Facts. William Khine killed his wife in their home, then claimed that voices had commanded him to do so. Khine’s counsel asked for a psychological evaluation of Khine’s sanity at the time of the offense, so the court appointed a clinical psychologist to evaluate him. The psychologist testified at trial that at the time of…More
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Virginia Department of Corrections v. Bishop, Record No. 0987-21-3, 75 Va. App. 1 (May 24, 2022)
Facts. Richard Bishop was a “ranking major” at a VDOC Center. In March 2019, Bishop’s secretary told him that a supervisor was having a relationship with a subordinate. Bishop was eventually terminated for failing to report the relationship pursuant to VDOC policies. Bishop challenged his termination, and at a grievance hearing, contended that he had…More
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Jacks v. Commonwealth, Record No. 0833-20-3, 74 Va. App. 783 (May 17, 2022) (en banc)
Facts. On March 16, 2020, the Supreme Court of Virginia issued its first judicial emergency order related to the COVID-19 pandemic, which tolled certain deadlines. The same day, Clifton Jacks was convicted in GDC for driving while intoxicated. Jacks noted his appeal to circuit court outside the Code § 16.1‑132’s ten-day deadline, so the circuit court…More
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Metro Safety in the DMV – Rider Vigilance
Originally posted on BARKLEY HORN : Riding the Metro is a commonplace — if not dull — experience for those of us who live or work in the Washington, D.C. metropolitan area.? The metro system affords riders the small pleasures of reading, catching up on social media, or simply daydreaming while traveling, all while avoiding…
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County of Henrico v. O’Neil, Record No. 0932-21-2, 75 Va. App. 312 (Aug. 2, 2022)
Facts. Casie O’Neil was injured when she was punched in the neck during a sheriff’s training exercise. She was initially diagnosed with a left clavicle contusion. Over the course of several medical appointments with several different doctors, she was diagnosed with a host of other problems relating to her left neck, arm, shoulder, and ear.…More
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Ellis v. Commonwealth, Record No. 0818-21-1, 75 Va. App. 162 (July 19, 2022)
Facts. Samuel Ellis was issued a Virginia Uniform Summons, which charged him with “Driving Suspended DUI Related” in violation of Code § 18.2‑272 and “Newport News Ordinance § 26-8.” The officer checked the box indicating that Ellis was being charged with a city offense. Ellis was convicted in GDC, and, as customary, the conviction order was written…More
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Beginning Your Appeal in the Court of Appeals
If you’re the appellant, it may seem like the first step in your appeal is filing your Opening Brief of Appellant, but there are several critical steps to follow before you get there. Find out what they are and how to avoid traps. More
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