2020 November Platt v. Griffith
Oral Arguments of the Supreme Court of Virginia
Release Date: 11/17/2020
2020 November Burke v. Young
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case CONRAD BURKE v. STANLEY YOUNG, ET AL. (Record Number 200095) From The Circuit court of Tazewell County; R. Patterson, Judge. Counsel Conrad Burke, pro se, for appellant. Ann-Marie Catherine White (Office of the Attorney General) for appellees. Assignments of Error 1. The circuit court erred in holding that there are and were no genuine facts in dispute when there clearly is a genuine dispute of facts for a jury to decide the outcome of this matter yet this Honorable Court of Tazewell County...
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2020 November Dodd v. Clarke
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case ROBERT JOHN DODD v. HAROLD CLARKE, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS (Record Number 200091) From Circuit Court of Chesterfield County; F.G. Rockwell, III, Judge. Counsel Johnathan P. Sheldon (Sheldon & Flood, P.L.C.) for appellant. Rosemary V. Bourne (Office of the Attorney General) for appellee. Assignment of Error The circuit court erred when it denied Dodd’s claim that his Double Jeopardy and Due Process rights under Art. I, §§ 8 & 11 of the Virginia Constitution and...
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2020 November Goldberg v. Commonwealth
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case AARON LOUIS GOLDBERG v. COMMONWEALTH OF VIRGINIA (Record Number 191701) From The Court of Appeals of Virginia. Counsel Roger Alan Whitus (Office of the Public Defender) for appellant. Kelsey M. Bulger (Office of the Attorney General) for appellee. Assignment of Error I. The Court of Appeals erred by finding that any error in denying appellant’s motion in limine and admitting horizontal gaze nystagmus ("HGN") evidence was harmless. II. The Court of Appeals erred by failing to rule on whether...
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2020 November Palmyra v. Commissioner of Highways
Oral Arguments of the Supreme Court of Virginia
Granted Appeal Summary Case PALMYRA ASSOCIATES, LLC, ET AL. v. COMMISSIONER OF HIGHWAYS (Record Number 191680) From The Circuit Court of Fluvanna County; R.D. Taylor, Jr., Judge. Counsel Joseph E. Blackburn (Blackburn, Conte, Schilling & Click, P.C.) for appellants. Francis A. Cherry, Jr., and F. Adam Cherry, III (Randolph, Boyd, Cherry and Vaughan) for appellee. Assignments of Error 1. The trial court erred as a matter of case law in striking David Sutton’s testimony as to his opinion of damages to the residue. 2. The trial court erred as a matter of case law in refusing to admit...
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2020 November Smith 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 DWAYNE RAMON SMITH v. BANK OF AMERICA, N.A., ET AL. (Record Number 191559) From The Circuit Court of Chesterfield County; D. Johnson, Judge. Counsel Henry W. McLaughlin (The Law Office of Henry McLaughlin, P.C.) for appellant. Robert W. Loftin (McGuireWoods LLP) for appellee. Assignment of Error 1. The Circuit Court of Chesterfield County, Virginia (“the trial court”) erred in the trial court’s written rulings on July 3, 2019 sustaining a plea in bar by appellee Bank of America, N.A....
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2020 November Johnson v. City of Suffolk
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case C. ROBERT JOHNSON, III, ET AL. v. CITY OF SUFFOLK, ET AL. (Record Number 191563) From The Circuit Court for the City of Suffolk; L. Farmer, Judge. Counsel L. Steven Emmert (Sykes, Bourdon, Ahern & Levy, P.C.), Joseph T. Waldo and Russell G. Terman (Waldo & Lyle, P.C.) for appellants. David L. Arnold, D. Rossen S. Greene, and Matthew R. Hull (Pender & Coward, P.C.), and Christopher D. Pomeroy and Paul T. Nyffeler (AquaLaw PLC) for appellees. Assignment of Error The trial court...
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2020 November Graves v. Shoemaker
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case DEBORAH C. GRAVES v. SAMANTHA SHOEMAKER (Record Number 191500) From The Circuit Court of Albemarle County; M. Hughes, Jr., Judge. Counsel Fletcher W. Harkrader (Marks & Harrison, P.C.) for appellant. John P. Cattano and Christopher L. Smith (Central Virginia Litigation, PLC) for appellee. Assignment of Error The trial court committed reversible error, improperly applied settled law as set forth in Lombard v. Rohrbaugh, 262 Va. 484 (2001), and abused its discretion in refusing to allow...
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2020 November Coleman v. Westwood Buildings
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case CARLA G. COLEMAN v. WESTWOOD BUILDINGS LIMITED PARTNERSHIP (Record Number 191475) From The Circuit Court of Fairfax County; D. Bernhard, Judge. Counsel Kevin E. Smith (Law Office of Kevin E. Smith) for appellant. Mathew D. Ravencraft and Louise T. Gitcheva (Rees Broome, PC) for appellee. Assignments of Error 1. The lower court erred in failing to clearly identify what transfers violated the fraudulent conveyance statute and what transfers violated the voluntary conveyance statute and...
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2020 November Wilburn v. Mangano
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case ANN M. WILBURN, ET AL. v. ANTHONY JOHN MANGANO (Record Number 191443) From The Circuit Court of Northumberland County; R.M. McKenney, Judge. Counsel Breckenridge Ingles (Martin, Ingles & Hensley, Ltd.) for appellants. Richard H. Stuart for appellee. Assignment of Error The trial court erroneously sustained a demurrer to an action for specific performance of a land contract on the basis that there was no meeting of the minds as to price where the contract expressly stated that the...
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2020 November Grayson v. Westwood Buildings | Kubli v. Westwood Buildings
Oral Arguments of the Supreme Court of Virginia
This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case ALAN M. GRAYSON, ET AL. v. WESTWOOD BUILDINGS LIMITED PARTNERSHIP (Record Number 191413) From The Circuit Court of Fairfax County; D. Bernhard, Judge. Counsel Bernard J. DiMuro and Michael Lieberman (DiMuro Ginsberg, PC) for appellants. Mathew D. Ravencraft and Louise T. Gitcheva (Rees Broome, PC) for appellee. Assignments of Error 1. The lower court erred as a matter of law in entering in personam judgments for “fraudulent conveyances,” “voluntary conveyances” and conversion in favor...
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www.BenGlassReferrals.com - www.Virginia-Appeals.com
Granted Appeal Summary
Case
MARY CARROLL GRIFFITH PLATT, ET AL. v. MARY CATHERINE MILES GRIFFITH,
ET AL.
(Record Number 190817)
From
The Circuit Court of Henrico County; J. Marshall, Judge.
Counsel
Daniel A. Carrell (Carrell Blanton Ferris & Associates, PLC) and Robert Coleman Smith (Robert
C. Smith, PLC) for appellants.
W. Benjamin Pace and Joseph R. Pope (Williams Mullen) and Hugh T. Antrim
(ThompsonMcMullan, P.C.) for appellees.
Assignment of Error
The circuit court erred as a matter of law by ordering that plaintiffs, qualified beneficiaries under their father’s will, lacked standing to sue other beneficiaries who had induced the testator to make inter vivos transfers to them when he lacked capacity and was subjected to undue influence.