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The judgment is vacated and the matter is remanded. There being no disposition of property, the statutory immunity does not apply. The judgment of the circuit court quashing and dismissing the garnishment is reversed, and the case is remanded. Here, concealing a weapon differs in its qualitative nature from merely possessing it and the additional act of concealing the weapon makes it a different act from merely possessing it.
Commonwealth, 70 Va. The judgment is reversed, and final judgment is entered on this appeal. Although other databases maintained by other agencies can allow police officers to learn the name, personal number, or other identifying particulars of a data subject, the ALPR system does not.
The judgment is reversed and final judgment is entered on this appeal in favor of the police department. The judgment dismissing the action is affirmed on the ground that the plaintiffs lack taxpayer standing based on the absence of any identified appropriation of funds being challenged. The structural or mechanical change is the injury, when it produces harm or pain or a lessened facility of the natural use of any bodily activity or capability.
Without such a change in a body part, there is no injury to it under the Workers Compensation Act. The judgment of the Court of Appeals is vacated and the case is remanded. The judgment of the circuit court is reversed in part, and the case is remanded to the circuit court for further proceedings in accordance with this opinion.
The judgment of the circuit court dismissing a personal injury action on limitating grounds is reversed and the case is remanded for further proceedings.
The statute provides the Commission with discretion to grant or deny such requests, and the contentions that it erred as a matter of law or acted arbitrarily and capriciously in denying the petitions, or in denying a motion for reconsideration, are rejected.
The court did not err by allowing the Commonwealth to expand its grounds for removal beyond those pled in its sworn petition. The circuit court abused its discretion when it excluded certain defense evidence at trial, but ruled correctly regarding other evidentiary matters. Neither doctrines relating to double recovery, claim splitting, nor judicial estoppel apply here to bar this suit.
The judgment is reversed, and the case is remanded for further proceedings. The judgment dismissing the case with prejudice is affirmed. Nor was re-committal of the issues to the local planning commission required. The judgment is affirmed as to that executor, reversed as to the other estates, and the case is remanded for further proceedings consistent with this opinion.
The judgment sustaining the demurrer in the present action is affirmed. When a prevailing party voluntarily and unilaterally moots a case, preventing an appellant from obtaining appellate review, vacatur of lower court judgments is generally appropriate. Because the mootness in the present case is the result of the unilateral action of the appellee, not the appellant, the judgment of the circuit court will be vacated, and the appeal is dismissed.
A tort cause of action for interference with parental rights does not lie on the facts as alleged in this action against an attorney who served as guardian ad litem and various mental health professionals who participated in prior contested custody and visitation proceedings.
The allegedly defamatory statements by one therapist are also non-actionable statements of opinion, and for this reason dismissal of the defamation claim is also upheld. The judgment dismissing the action is affirmed. The judgment is reversed in part and affirmed in part, and the case is remanded for further proceedings. Where a contract actually governs the relationship of the parties, it will foreclose relief under an unjust enrichment theory, but here a joint check payment agreement was of limited scope and the plaintiff did not raise claims under that agreement.
The bar against imposing double payment obligations on an unjust enrichment defendant is thus inapplicable here. This disposition is limited to the facts presented and, in ordinary circumstances, a supplier of labor or materials to a subcontractor will not be able to obtain a such relief against an owner or a general contractor. The judgment of the Court of Appeals awarding benefits on this basis is affirmed. The original order reflected adjudication of guilt, imposed a sentence, and remanded the defendant into custody.
Thus, it was a final order that left nothing to be done but ministerial execution. Under the particular factual scenario presented, that portion of the judgment is reversed and the case is remanded for further proceedings. Instead, the test for unjust enrichment provides the rule of decision, and the plaintiff towing company is entitled to recover to the extent that the truck owner benefitted from its actions.
Here, the doctrine of unjust enrichment forecloses recovery for some of the charges on which the plaintiff obtained recovery in this matter. The judgment is affirmed in part and reversed in part, and the matter is remanded for a hearing to determine damages recoverable in light of this opinion. The judgment of the Court of Appeals upholding these convictions is affirmed. The judgment of conviction, affirmed by the Court of Appeals, is reversed.
The judgment dismissing the claims against both defendants with prejudice is affirmed. The rationale behind these precedents is reiterated: Because the jury i may have erred in failing to convict the defendant of the predicate offense while finding him guilty of the compound offense, or ii may have made a mistake in finding the defendant guilty of the compound offense while finding him not guilty of the predicate offense, or iii may have simply decided to be lenient with the defendant by convicting him only of the compound offense.
Given this uncertainty, and the fact that the Commonwealth is precluded from challenging the acquittal, it is hardly satisfactory to allow the defendant to receive a new trial on the conviction as a matter of course. The judgment of the Court of Appeals in refusing to vacate the convictions for using a firearm in the commission of an abduction and using a firearm in the commission of a malicious wounding is affirmed. It establishes an absolute event, i. The constitutional claims advanced by the inmate are insubstantial, and the judgment of the Court of Appeals is affirmed.
The purpose of this hearing was to advise the defendant of the status of his case and to ascertain his wishes with respect to having counsel of his choice. This inquiry did not require assistance of counsel to formulate his response and, thus, this was not a critical stage of the criminal proceedings that would give rise to a presumption of prejudice from not having counsel at that time.
For the reasons expressed by the Court of Appeals in Wakeman v. Commonwealth, 69 Va. The summary judgment dismissing his declaratory action with prejudice is reversed, and the case is remanded for further proceedings.
In this case, the evidence viewed in the light most favorable to the Commonwealth established that the defendant intentionally acted in a manner endangering the victim such that malice could be implied from her conduct and that his death was sufficiently related to the hit and run in time, place, and causal connection such that it was within the res gestae of the felony hit and run upon such facts.
In this case, the evidence viewed in the light most favorable to the Commonwealth established that the defendant intentionally acted in a manner endangering the victim such that malice could be implied from her conduct, and that his death was sufficiently related to the hit and run in time, place, and causal connection such that it was within the res gestae of the felony hit and run.
Accordingly, the judgment of the Court of Appeals upholding the conviction for felony homicide is affirmed. The judgment of the circuit court resolving the case on the motion to strike is reversed, and the case is remanded for a new trial. These actions constituted attempted identity theft under the plain meaning of the statute, and the judgment of the Court of Appeals upholding the conviction is affirmed.
State Farm Mutual Ins. Dismissal of the declaratory claim is affirmed. The trial court did not err by entering later revocation orders predicated on that extension order, and the Court of Appeals did not err in upholding the actions of the circuit court. The jury must be unanimous in finding those elements proved but, in accord with the weight of authority in other jurisdictions, both federal and state, juror unanimity is not required for deciding the means used in the commission of an element of a crime.
The convictions are affirmed for the reasons set forth by the Court of Appeals in Davison v. Accordingly, the evidence of his actions implied sufficient malice to support his conviction for second degree murder. The judgment of the Court of Appeals upholding the conviction entered in the circuit court is affirmed. That statute does not require any particular form of notice and does not mandate any degree of specificity for such notice. Here there was evidence sufficient to prove that on the date of the instant offense defendant had had actual notice that her license was revoked.
She had been present in court for two prior guilty pleas for driving on a revoked license. A hydrant exists to facilitate the firefighting function of the municipality that installed it, a quintessentially governmental function.
The circuit court therefore did not err in denying her motion and the Court of Appeals did not err in affirming the judgment, which is affirmed. The error asserted was harmless, however, since the medical records contain information that was directly or indirectly provided by, testified to, confirmed by, or alluded to by either plaintiff herself or another witness at trial. Graystone Homes, Inc.
It also erred in dismissing negligent-repair claims asserting that misfeasance during the repair phase caused damage to personal property that is not a subject of the contract, in finding that the allegations were insufficient to state a claim based upon an actual agency relationship, and in dismissing contractual claims on a finding that they failed to allege sufficient facts from which to reasonably infer that the family and the contractor had intended for property owner to benefit from the contract.
The judgment is affirmed in part and reversed in part, and the action is remanded. The judgment in the real estate case is reversed, and that matter is remanded for further proceedings. Accordingly, the judgment in the personal property case is affirmed. The applicable conviction order did not specify a period of suspension of the sentence for either the felony or the misdemeanor. The judgment is affirmed in part and reversed in part, and the case is remanded for entry of a new sentencing order.
Thus, the circuit court abused its discretion in refusing to reconsider modifying the pendente lite spousal support award amount. The judgment is reversed, the ruling refusing reconsideration of the amount of spousal support awarded in the pendente lite order is vacated, and this matter is remanded to the circuit court for its consideration of the motion to reconsider pendente lite spousal support, in a manner consistent with this opinion.
The argument that the guarantors were estopped to plead the defense of the statute of limitations is without merit, and the judgment is affirmed. Because the evidence presented at trial clearly established that the overpayments met the statutory threshold for grand larceny, any further cross-examination regarding the amount of benefits defendant would have received if she had reported her income would not have demonstrated that the overpayments were less than the statutory threshold.
The convictions are affirmed. Applying the test of reasonable suspicion derived from Terry v. Ohio, in the totality of circumstances here the evidence shows that the detectives, at the time of the seizure, could have reasonably suspected that defendant was digging and reaching for a weapon inside the car while they shouted 7 to 10 times for him to show his hands.
They understandably feared that their lives might have been in danger. There was nothing unreasonable about the detectives briefly seizing the defendant either to confirm or to dispel their suspicion that he may have had a weapon. The trial court correctly denied the motion to suppress, and the Court of Appeals correctly affirmed that decision.
The reasonable possibility of a rezoning should be taken into consideration in compensating landowners, if there is sufficient evidence of a reasonable probability of rezoning. The burden of proving a reasonable probability of rezoning rests on the property owner and unless the evidence relating to the likelihood of rezoning in the near future rises to the level of a probability, it is inadmissible.
Certain of the instructions given to the jury were in error. The judgment is reversed, the compensation award is set aside, and the case is remanded for further proceedings. Further the circuit court did not abuse its discretion in denying the motions for a mistrial and post-trial motions addressing rulings relating to issues of consent, or in failing to instruct the jury that consent was not an issue in the case.
The contention that the trial court violated the holding of Batson v. Kentucky, U. The judgment of the Court of Appeals upholding the conviction is affirmed. The judgment and its ancillary award of attorney fees as well as costs are reversed, and the case is remanded for further proceedings consistent with this opinion. The identification of issues to be resolved on appeal in light of altered assignments of error is also discussed. A voluntary and intelligent guilty plea is a waiver of all non-jurisdictional defects that occurred before entry of the plea, thus the range of potential grounds for appeal following a guilty plea is limited in Virginia, but a defendant who has pled guilty still retains the statutory right to file a notice of appeal and present a petition for appeal to the Court of Appeals of Virginia.
Further, when entry of a guilty plea waives an issue for appeal, the correct disposition is denial, not dismissal. The judgment of the Court of Appeals is reversed and vacated, and this case is remanded to the Court of Appeals for further proceedings consistent with this order. Petitioner is not currently detained pursuant to the order challenged in this petition or the evidence supporting it.
Thus, a determination that this order was incorrect or improper cannot, on its face and standing alone, directly impact his present confinement. Because the trial court erred in submitting to the jury three statements in the allegedly defamatory email that were mere statements of opinion, without explanatory instructions, the judgment of the trial court in upholding the defamation verdict in favor of the plaintiff is reversed, and the case is remanded for further proceedings consistent with this opinion.
The judgments of the circuit court are reversed and vacated, and the case is remanded for further proceedings consistent with this opinion. In addition, a landowner has no vested rights in land uses of others, and there is no vested right in a public road.
The developers had no property right in the roadway once it was dedicated. The judgment of the circuit court sustaining the actions of the board is affirmed. If successful on any of these claims, she may recover compensatory damages including damages for emotional distress but not punitive damages. The case is remanded to the circuit court for further proceedings consistent with this opinion. Since the landowner chose to pursue that challenge with the zoning administrator rather than the courts, that administrative ruling is final because its affirmance by the BZA it was not appealed by the landowner to the circuit court.
The property owner was not deprived of any property interest as a result of the rezoning which occurred upon the annexation of its property, and its procedural due process rights were not violated.
Accordingly, the judgment of the circuit court dismissing the action with prejudice is affirmed. Plaintiff had the foresight to purchase more extensive motor vehicle insurance than statutorily required and, as the injured party, should retain any windfall that results from her prudence.
In the circumstances of this case, it was reversible error to rule that the defendant waived its statute of limitations argument when it did not refile its special plea on limitation grounds after the plaintiff filed at the direction of the circuit court a second amended complaint repeating certain averments verbatim. It was also error to conclude that the defendant waived the statute of limitations defense to those claims by failing to docket the plea in bar for a hearing before the trial.
Nor did the circuit court abuse its discretion in refusing to find the father estopped from denying the effectiveness of the purported gifts of these shares. The contention that this statute is both vague and overbroad, thus violating his freedom of speech and his due process rights under the First and Fourteenth Amendments of the United States Constitution, is without merit. The language of the statute makes it unlawful for any person 18 years of age or older to use a communications system for the purposes of soliciting, with lascivious intent, any person he knows or has reason to believe is a child younger than 15 years of age to knowingly and intentionally engage in various sexual acts.
Nor does the First Amendment challenge to the statute have any merit. The act of using a communications system is the actus reus of the crime, while the mens rea is the purpose of soliciting the child. The judgment of the Court of Appeals upholding this conviction is affirmed.
Aquatic Co. The judgment is also reversed with respect to assessments for three other tax years. If either of those two elements is shown by a preponderance of evidence, a second step is reached at which the taxpayer must also prove by a preponderance of the evidence that the assessment was not arrived at in accordance with generally accepted appraisal practices, procedures, rules, and standards as prescribed by nationally recognized professional appraisal organizations such the International Association of Assessing Officers and applicable Virginia law relating to the valuation of property.
The judgment is reversed and the proceeding is remanded. Fire Ins. Erie Ins. However, the allegations here were sufficient to state a claim for equitable contribution, which does not arise out of any express contract or agreement between the parties to indemnify each other, but is based on the broad principles of equity that where two or more persons are subject to a common burden it shall be borne equally.
Payment must be made by one obligated to pay the whole, as between himself and the payee, but only bound to pay a proportionate part as between himself and co-obligors. The present complaint alleges facts that, if proven, justify an award of equitable contribution, and its dismissal was error. The judgment is vacated, and the case is remanded to determine the reasonableness of the settlement and to enter an order awarding the plaintiff insurer an amount consistent with the allocation of coverage liability decided in the prior appeal.
Therefore, the circuit court erred by sustaining the plea in bar based on the allegations in the amended complaint, and plaintiff is entitled to a jury trial on those issues.
There was no error in denying a rule to show cause. The judgment is affirmed in part, reversed in part, and the case is remanded. After a five-day hearing, the three-judge court concluded that he violated Rules 5.
The charges under Rules 5.
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