Juli Porto

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

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

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

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

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

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