loader from loading.io

April 2020 Wood, et al. v. Martin

Oral Arguments of the Supreme Court of Virginia

Release Date: 05/06/2020

June 2020 Hampton v. Meyer show art June 2020 Hampton v. Meyer

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case CALVIN HAMPTON v. NOAH J. MEYER (Record Number 191194) From The Circuit Court of the City of Richmond; B. Snukals, Judge. Counsel Juli M. Porto (Blankingship & Keith, P.C.) and Thomas M. Konvicka (The Joel Bieber Firm) for appellant. Henry S. Carter, E. Brandon Ferrell, and Kerrigan C.K. O’Malley (Carter & Shands, P.C.) for appellee. Assignment of Error The trial court erred by failing to find that the named defendant in Hampton’s initial complaint was a misnomer that tolled the statute of...

info_outline
June 2020 Conway v. Commonwealth show art June 2020 Conway v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case MARIAH LESLIE CONWAY v. COMMONWEALTH OF VIRGINIA (Record Number 190898) From The Court of Appeals of Virginia. Counsel Michael A. Nicholas (Daniel, Medley & Kirby, P.C.) for appellant. Edward H. Palmore (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error The Circuit Court of the City of Danville erred when it denied Appellant’s motion to dismiss the indictment pursuant to Virginia Code §19.2-294. The Court of Appeals erred when it affirmed the Circuit Court’s error.

info_outline
April 2020 Fernandez, etc. v. Commissioner of Highways show art April 2020 Fernandez, etc. v. Commissioner of Highways

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - 05/28/2020 In a declaratory judgment action seeking an order that the Commissioner of Highways provide statutorily required relocation benefits under Code § 25.1-406 of the Virginia Relocation Assistance Act, the circuit court did not err in sustaining a defense demurrer because there is no implied private cause of action under the Act for payment of relocation expenses. In addition, the plaintiff failed to exhaust administrative remedies afforded to him under 24 VAC § 30-41-90, and had Virginia Administrative Process Act and...

info_outline
April 2020 Mid-Atlantic Arena v. City of Virginia Beach show art April 2020 Mid-Atlantic Arena v. City of Virginia Beach

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case MID-ATLANTIC ARENA, LLC v. CITY OF VIRGINIA BEACH (Record Number 191020) From The Circuit Court of the City of Virginia Beach; H.T. Padrick, Jr., Judge. Counsel Samuel W. Meekins, Jr., Adam M. Carroll, John F. Sawyer (Wolcott Rivers Gates), Mark F. Bideau, Andrea Shwayri Ferraro (Greenburg Traurig, P.A.), and Robert F. McDonnell for appellant. Gary A. Bryant and Brett A. Spain (Willcox & Savage P.C.) for appellee. Assignments of Error 1. The trial court erred when it held the closing did not...

info_outline
April 2020 Vest v. Mountain Valley Pipeline show art April 2020 Vest v. Mountain Valley Pipeline

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case FRED W. VEST v. MOUNTAIN VALLEY PIPELINE, LLC (Record Number 191014) From The Circuit Court of Roanoke County; D. Carson, Judge. Counsel Evans G. Edwards and Thomas J. Bondurant (Gentry Locke) for appellant. Wade W. Massie and Seth M. Land (Penn, Stuart & Eskridge) for appellee. Assignments of Error 1. The trial court erred in denying Vest summary judgment on his trespass counterclaim, and instead granting summary judgment for MVP. a. The trial court erred in ruling in favor of MVP, because MVP...

info_outline
April 2020 Braun v. QuantaDyn Corporation show art April 2020 Braun v. QuantaDyn Corporation

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case DAVID R. BRAUN v. QUANTADYN CORPORATION, ET AL. (Record Number 190974) From The Circuit Court of Loudoun County; D. Fleming, Judge. Counsel Alan C. Bowden (Meyer & Bowden PLLC) and Michael E. Kinney (Turner & Kinney, A Professional Corporation) for appellant. Robert A. DeRise (Arnold & Porter Kaye Scholer LLP) and William R. Fitzpatrick (Sevila, Saunders Huddleston & White) for appellees. Assignments of Error 1. The circuit court failed to rule on Petitioner’s argument, based on...

info_outline
April 2020 Moore v. Commonwealth show art April 2020 Moore v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case RUBEN EDWARD MOORE v. COMMONWEALTH OF VIRGINIA (Record Number 190856) From The Court of Appeals of Virginia. Counsel Charles E. Haden for appellant. Anton Bell (Office of the Commonwealth’s Attorney) and Phillip O. Figura (Office of the Attorney General) for appellee. Assignment of Error 1. The Court of Appeals erred in affirming the trial court’s denial of Moore’s motion to strike (and motion to set aside) the murder charge, where the Commonwealth’s evidence was insufficient as a matter...

info_outline
April 2020 Townes v. Virginia Board of Elections show art April 2020 Townes v. Virginia Board of Elections

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case HERBERT F. TOWNES, JR., ET AL. v. VIRGINIA STATE BOARD OF ELECTIONS (Record Number 190834) From The Circuit Court of the City of Hopewell; W. Tomko, Judge. Counsel W. Barry Montgomery and W. Andrew Webb (Kalbaugh Pfund & Messersmith, P.C.) for appellants. Heather Hays Lockerman (Office of the Attorney General) for appellee. Assignments of Error 1. The Circuit Court erred when it instructed the jury that the Commonwealth’s burden of proof was a showing by the preponderance of the evidence as opposed...

info_outline
April 2020 Larsen v. Stack show art April 2020 Larsen v. Stack

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - 05/28/2020 In ruling on a declaratory judgment case requesting construction of a decedent’s will and a determination of the extent of his widow’s interest in his house and farm, the circuit court did not err in receiving parol evidence from the attorney who drafted the will, or in ruling that the widow had a right to live in the house for so long as she is physically and mentally able to do so, rather than a life estate in the entire property. The judgment is affirmed.

info_outline
April 2020 Wooten v. Commonwealth show art April 2020 Wooten v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case DERRICK LYNDON WOOTEN v. COMMONWEALTH OF VIRGINIA (Record Number 190805) From The Court of Appeals of Virginia. Counsel Scott Michael Ehrenworth for appellant. Howard E. Gwynn and Melissa lotti Freudenberg (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error 1. The Court of Appeals erred in affirming the trial court’s denial of Wooten’s motion to suppress where: a) Detective Nichol lacked probable cause or a reasonable articulable suspicion of criminal activity at the moment...

info_outline
 
More Episodes

This podcast is provided by Ben Glass and Steve Emmert

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

Granted Appeal Summary

Case

CHERYL H. WOOD, ET AL. v. TRACEY L. MARTIN (Record Number 190738)

From

The Circuit Court of Fairfax County; R. Gardiner, Judge.

Counsel

Yama A. Shansab (Ferguson Walton & Shansab, PLLC) for appellants.

Thomas W. Repczynski and Alyssa Davies (Offit Kurman, P.C.) for appellee.

Assignments of Error

1. The trial court committed substantial and reversible error by ruling that Wood’s change of beneficiary designation was “null and void” by reason of Martin’s Amended PSA and divorce decree, thus granting Martin’s declaratory judgment in contravention of Code § 38.2-3122, which bars “other legal process” from reaching the Proceeds, a protected insurance item, “in any case whatsoever.”

2. The trial court committed substantial and reversible error by ruling sua sponte, “as a matter of law,” that Code § 38.2-3122 did not apply to Martin because Martin was not a “creditor” within the meaning of Code § 6.2-500, part of Virginia’s Equal Credit Opportunity Act, so as to prevent Code § 38.2-3122 from barring Martin’s declaratory judgment.

3. The trial court committed substantial and reversible error in implicitly rewriting and expanding the terms of the Amended PSA’s exclusive remedy, which only gave Martin a contract claim against Wood’s estate for noncompliance with its insurance provisions, not a right to reach the protected insurance item, namely, the Proceeds

http://www.courts.state.va.us/courts/scv/appeals/190738.pdf