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November 2019 - Futuri Real Estate v Atlantic Trustee Services et al

Oral Arguments of the Supreme Court of Virginia

Release Date: 11/30/2019

January 2020 Tahboub, etc. v. Thiagarajah, et al show art January 2020 Tahboub, etc. v. Thiagarajah, et al

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - 02/13/2020 In a medical malpractice action, the plaintiff’s evidence that the defendant doctors departed from the standard of care and caused the patient’s death was sufficient to establish a prima facie case against both defendants and to survive a motion to strike at the conclusion of plaintiff’s case-in-chief. 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. Source Document:

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January 2020 Flanders v. Commonwealth show art January 2020 Flanders v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - 02/13/2020 Because it is possible for a felony hit and run offense to have been committed with malice and for the resulting death to fall within the res gestae of that offense, felony hit and run may serve as a predicate offense for felony homicide. 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,...

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January 2020 King v. Commonwealth show art January 2020 King v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

  This podcast is provided by Ben Glass and Steve Emmert   - Granted Appeal Summary Case TALIK R. KING, S/K/A TALIK RASHAUN KING v. COMMONWEALTH OF VIRGINIA (Record Number 190424) From The Court of Appeals of Virginia. Counsel Sante John Piracci (Lee & Piracci, PLC) for appellant. Kenneth A. Blalock (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error The judge could not have found that the Commonwealth proved beyond a reasonable doubt that the Defendant knowingly or intentionally possessed a controlled substance where the only evidence linking the...

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January 2020 Davis Construction v. FTJ, INC show art January 2020 Davis Construction v. FTJ, INC

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert   - Granted Appeal Summary Case JAMES G. DAVIS CONSTRUCTION CORPORATION v. FTJ, INC., F/K/A CIESCO, INC. (Record Number 190345) From Circuit Court of Arlington County; L. DiMatteo, Judge. Counsel Stephen M. Seeger and Alexandra E. Busch (Peckar & Abramson, PC) for appellant. R. Scott Caulkins and Greta P. Iliev (Caulkins & Bruce, PC) for appellee. Assignments of Error The trial court erred as a matter of law by ruling that there was no consideration for the JCA which governed the payment obligations and expectations of...

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January 2020 McQuinn v. Commonwealth of Virginia show art January 2020 McQuinn v. Commonwealth of Virginia

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert   - Granted Appeal Summary Case MARCELLUS MCQUINN v. COMMONWEALTH OF VIRGINIA (Record Number 190266) From Court of Appeals of Virginia. Counsel Daniel W. Hall, esq. for appellant. Caitlin Robb Kelly (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error The Court of Appeals erred by upholding the trial court, which erred by refusing to grant McQuinn’s motion to set aside the convictions for use of a firearm where McQuinn was acquitted of any predicate offense to support these convictions. The Court of Appeals...

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January 2020 Hunter v. Hunter show art January 2020 Hunter v. Hunter

Oral Arguments of the Supreme Court of Virginia

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January 2020 Lynch v. Cabell show art January 2020 Lynch v. Cabell

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert   - Granted Appeal Summary Case  LESTER B. LYNCH v. BETH CABELL, WARDEN, SUSSEX II STATE PRISON (Record Number 190048) From Circuit Court for the City of Norfolk; J. Migliozzi, Judge. Counsel Edward A. Fiorella, Jr. (Fraim and Fiorella, P.C.) for appellant. Rosemary V. Bourne (Office of the Attorney General) for appellee. Assignments of Error The trial court erred in failing to consider the Petitioner’s initial Post-Trial Brief in its ruling. The trial court erred in considering only Attorney Anderson’s hearing testimony...

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January 2020 Linda Lee Alexander v. David Cobb show art January 2020 Linda Lee Alexander v. David Cobb

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert   - Granted Appeal Summary Case LINDA LEE ALEXANDER v. DAVID COBB (Record Number 181613) From The Circuit Court of Bath County; J.E. Wetsel, Jr., Judge. Counsel Robert J. Test for appellant. Melisa G. Michelsen (Litten & Sipe L.L.P.) for appellee. Assignment of Error The trial court erred in not granting the Plaintiff/Petitioner’s Motion for Declaratory Judgment, instead ruling that the real property that is the subject matter of this case, belonged to the Defendant/Respondent (a 25% interest) and to the Plaintiff/Petitioner...

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January 2020 Young-Allen v. Bank of America show art January 2020 Young-Allen v. Bank of America

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert   -   Granted Appeal Summary  Case  TAMARA E. YOUNG-ALLEN v. BANK OF AMERICA, N.A., ET AL. (Record Number 181313) From The Circuit Court of the City of Alexandria; L. Kemler, Judge. Counsel Christopher E. Brown (The Brown Firm, PLLC) for appellant. James Kevin Fee and Patrick Harvey (Morgan, Lewis & Bockius LLP) for appellee. Assignment of Error The trial court erred in sustaining the demurrers of Bank of America, N.A. and Equity Trustees as to Counts I and II, holding that this is a post-sale action for...

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November 2019 - Massenburg v City of Petersburg show art November 2019 - Massenburg v City of Petersburg

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert   -   Granted Appeal Summary   Case SAM MASSENBURG, ADMINISTRATOR OF THE ESTATE OF COREY D. MASSENBURG, DECEASED v. CITY OF PETERSBURG (Record Number 190071) From The Circuit Court of the City of Petersburg; J. Teefey, Jr., Judge.   Counsel Kevin T. Hadden, Mark S. Lindensmith, and Ryan T. Walker (Marks & Harrison, P.C.) for appellant. Jeremy D. Capps, Melissa Y. York, and George A. Somerville (Harman Claytor Corrigan & Wellman) for appellee.   Assignments of Error   The Trial Court committed...

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This podcast is provided by Ben Glass and Steve Emmert

 

www.BenGlassReferrals.com - www.Virginia-Appeals.com

 

Granted Appeal Summary

 

Case

FUTURI REAL ESTATE, INC. v. ATLANTIC TRUSTEE SERVICES, LLC, ET AL. (Record Number 181501) From The Circuit Court of Fairfax County; D. Bernhard, Judge.

 

Counsel

Jonathan A. Nelson (Juris Day, PLLC) for appellant. Mariam W. Tadros and Jasmine G. Chalashtori (Rees Broome, PC) for appellee.

 

Assignments of Error

 

  1. In a matter of first impression before this Court on which Virginia’s sister states appear divided, the trial court erred in ruling that where the holder of a lien recorded first in time on real property then subordinates that lien to a third in time lien the first lien still holds or partially holds its position as against the holder of a second in time lien recorded between those first and third liens, particularly where the recorded subordination refers to itself as “subordinate and junior” to the third lien and where at best the intent of the parties at the time of the subordination was ambiguous, and thereupon granting Appellee Wells Fargo’s Motion to Dismiss and dismissing Appellant’s Cross-Claim.

 

  1. The trial court erred in finding the Subordination Agreement unambiguous on its face when ambiguities exist as to what was secured and which loans were subordinated and being subordinated to, and thereupon granting Appellee Wells Fargo’s Motion to Dismiss and dismissing Appellant’s Cross-Claim.

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181501.pdf