Here, the court explores the enforceability of a guaranty. More
Author Archives: Juli Porto
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
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
Abouemara v. Commonwealth, Record No. 0284-22-2 (Va. Ct. App. June 6, 2023)
When is a bribe a bribe? More
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
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
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
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 for filing a Notice of Appeal is 30 days after entry. Third, the deadline for filing transcripts or a written statement in lieu thereof is 60 days after entry. Sometimes a case is dismissed due to a missed deadline, not because an attorney was not aware of the deadline, but because the attorney failed to recognize that an order was final. So, how do you recognize when an order is final? More
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
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