2003)

2. 021271 Montgomery Mutual Ins. v. Riddle 10/31/2003 In a declaratory judgment action seeking to determine insurance coverage, the trial court was not plainly wrong or without evidence to support its fi (10/31/2003)

3. 022075 Blake Constr. v. Upper Occoquan Sewage Auth. 10/31/2003 In litigation arising from a construction contract with a public body, the trial court erred in sustaining the public body's demurrer to (10/31/2003)

4. 022195 Daniels v. Warden 10/31/2003 The allegations of fact in a petition for a writ of habeas corpus, forming the basis of the claims challenging the legality of petitioner's convictions, unquestiona (10/31/2003)

5. 022213 Williams v. Gloucester Sheriff's Dept. 10/31/2003 The Court of Appeals did not err in applying Rule 5A:18 in this case and holding that the claimant failed to preserve the issues he sought to r (10/31/2003)

6. 022402 Volkswagen of America v. Smit 10/31/2003 The Court of Appeals erred in affirming a circuit court judgment upholding a decision of the Commissioner of the Department of Motor Vehicles that an au (10/31/2003)

7. 022435 Kappa Sigma Fraternity Inc. v. Kappa Sigma Fratern 10/31/2003 Because a challenge to a voidable corporate act is subject to the defense of the statute of limitations, the trial court erred in f (10/31/2003)

8. 022524 Esteban v. Commonwealth 10/31/2003 In a prosecution under Code A (10/31/2003)

9. 022528 Upper Occoquan Sewage Auth. v. Blake Constr. 10/31/2003 In an appeal from multiple jury verdicts and rulings of the circuit court in proceedings between a public authority and a construction jo (10/31/2003)

10. 022543 Lewis v. C.J. Langenfelder & Son 10/31/2003 Because removal of an action from state court to federal court effects a transfer of the entire case, this Court has no jurisdiction to hear an appea (10/31/2003)

11. 022575 Chase v. DaimlerChrysler Corp. 10/31/2003 A consumer who ended her case against a car manufacturer under the Virginia Motor Vehicle Warranty Enforcement Act in a settlement that did not conclud (10/31/2003)

Present: All the Justices KRISTY L. CHASE v. Record No. 022575 OPINION BY JUSTICE DONALD W. LEMONS October 31, 2003 DAIMLERCHRYSLER CORPORATION FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Arthur B. Vier...

12. 022776 Commonwealth v. Nuckles 10/31/2003 The Court of Appeals erred reversing the conviction of a defendant charged with grand larceny based upon the Commonwealth's failure to prove that the party fr (10/31/2003)

13. 022852 Klaiber v. Freemason Associates 10/31/2003 In separate suits asserting various claims for damages arising from the conveyances of two individual units of a condominium, the trial judge did not (10/31/2003)

14. 022937 Glazebrook v. Board of Supervisors 10/31/2003 The trial court erred in sustaining a county's demurrer in a suit seeking to invalidate certain zoning ordinance amendments for failure to provide (10/31/2003)

15. 022966 Chappell v. Perkins 10/31/2003 In a suit for the establishment of a surviving spouse's elective share of his deceased wife's estate, the circuit court did not err in applying Code A (10/31/2003)

16. 022983 Wilkins v. Peninsula Motor Cars 10/31/2003 The trial court erred in requiring the plaintiff in an action under the Virginia Consumer Protection Act against a car dealership to elect between rem (10/31/2003)

Present: All the Justices GERALD G. WILKINS v. Record No. 022983 OPINION BY JUSTICE DONALD W. LEMONS October 31, 2003 PENINSULA MOTOR CARS, INC. FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS E...

17. 030008 Ford Motor Company v. Jones 10/31/2003 The trial court properly permitted a plaintiff to take a voluntary nonsuit pursuant to Code A (10/31/2003)

18. 030039 Board of Supervisors v. Robertson 10/31/2003 The trial court erred in holding that denial of a landowner's application for a deviation from zoning ordinance provisions requiring a setback of bu (10/31/2003)

19. 030070 Herndon v. St. Mary's Hospital 10/31/2003 In a medical malpractice action involving a minor, the trial court correctly dismissed without prejudice a suit brought under the style "Debbie Thompso (10/31/2003)

20. 030081 Pease v. Commonwealth 10/31/2003 The Court of Appeals correctly ruled that the trial court did not err in a criminal case by entering judgment upon a jury verdict convicting the defendant. The (10/31/2003)

21. 030334 Holsapple v. Commonwealth 10/31/2003 The Court of Appeals correctly affirmed the judgment of the trial court convicting defendant of construction fraud. The judgment is affirmed. (Edited 1/16/0 (10/31/2003)

22. 030450 Dana v. 313 Freemason 10/31/2003 In a case arising from the development and sale of condominium property, the trial court did not err in piercing the corporate veil of a close corporation to as (10/31/2003)

23. 030749 Jackson v. Commonwealth 10/31/2003 No error is found upon review of the capital murder conviction and death penalty imposed on the defendant along with his convictions for robbery, felony stabb (10/31/2003)

24. 012663 Lovitt v. Warden 09/12/2003 In a petition for a writ of habeas corpus by a prisoner convicted of capital murder and sentenced to death, neither the failure of the prosecution to disclose allege (09/12/2003)

25. 021761 Honsinger v. Egan 09/12/2003 In a personal injury case, the use of the phrase "reasonable certainty" in two jury instructions proposed by the defendant rendered them either confusing or an inco (09/12/2003)

Present: All the Justices DONNA HONSINGER OPINION BY v. Record No. 021761 JUSTICE LAWRENCE L. KOONTZ, JR. ...

26. 022303 Gaston v. Commonwealth 09/12/2003 In an appeal from the circuit court's denial of a motion under Code A (09/12/2003)

PRESENT: Hassell, C.J., Lacy, Koontz, Kinser, Lemons, and Agee, JJ., and Stephenson, S.J. JOHN FITZGERALD GASTON PER CURIAM v. Record No. 022303 September 12, 2003 COMMONWEALTH OF VIRGINIA FR...

27. 022351 Buchanan v. Buchanan 09/12/2003 In an appeal from consolidated divorce and fraudulent conveyance proceedings, the wife was properly permitted to pursue payment from the husband under the fraudu (09/12/2003)

28. 022359 Zimmerman v. Commonwealth 09/12/2003 In a case involving charges that defendant feloniously assaulted a law enforcement officer engaged in public duties, viewing the evidence in its proper ligh (09/12/2003)

29. 022417 Atrium Unit Owners Assoc. v. King 09/12/2003 In a negligence case, the plaintiff failed to produce sufficient evidence from which a jury reasonably could infer a causal connection between a con (09/12/2003)

Present: All the Justices THE ATRIUM UNIT OWNERS ASSOCIATION v. Record No. 022417 OPINION BY JUSTICE CYNTHIA D. KINSER September 12, 2003 SHARON KING FROM THE CIRCUIT COURT OF ARLINGTON COUNTY Joan...

30. 022434 Andrews v. Ring 09/12/2003 In suits against a county's Commonwealth's attorney and a building inspector, the trial court did not err by granting defense motions for summary judgment on claims u (09/12/2003)

31. 022446 Commonwealth v. Diaz 09/12/2003 In a case in which a suspended misdemeanor sentence was revoked based upon a felony occurring after the misdemeanor conviction in general district court but prio (09/12/2003)

32. 022479 Atkins v. Rice 09/12/2003 The trial court erred in granting a nonsuit after a defendant's motion to dismiss had been filed, memoranda of law in support and in opposition were submitted, argumen (09/12/2003)

33. 022514 Estes Funeral Home v. Adkins 09/12/2003 In an equal protection challenge to a county ordinance levying fees for solid waste disposal, the classifications in the ordinance do not bear a reasonab (09/12/2003)

34. 022578 Alderson v. County of Alleghany 09/12/2003 Chapter 78 of the 2002 Acts of Assembly, addressing personal property taxes in the former City and current Town of Clifton Forge and the County of All (09/12/2003)

35. 022591 Hansen v. Stanley Martin Companies 09/12/2003 In an action by homeowners against the builder of their home, in which summary judgment was granted to the defendant based on applicable statutes o (09/12/2003)

36. 022592 Cohn v. Knowledge Connections Inc. 09/12/2003 The trial court correctly granted an employer's motion to strike the evidence and motion to set aside a verdict in a fraud case returned on behalf (09/12/2003)

37. 022659 Virginia Financial Assoc. v. ITT Hartford Group 09/12/2003 In a case seeking quantum meruit compensation for services performed in an insurance venture, the plaintiff presented sufficient evide (09/12/2003)

38. 022703 Hudson v. Commonwealth 09/12/2003 A conviction for refusal to submit to a breath alcohol test in violation of Code A (09/12/2003)

PRESENT: ALL THE JUSTICES WILLIAM C. HUDSON OPINION BY v. Record No. 022703 JUSTICE G. STEVEN AGEE ...

39. 022710 Barner v. Chappell 09/12/2003 The chancellor correctly determined that a restrictive covenant prohibiting building a house or other structure on a lot in a residential subdivision is enforceabl (09/12/2003)

40. 022877 Velocity Express v. Hugen 09/12/2003 In a personal injury case, the plaintiff's closing argument to the jury was prejudicial and constituted reversible error. Plaintiff established liability an (09/12/2003)

41. 030312 MCI WorldCom Network Service v. OSP Consultants 09/12/2003 A question of law certified by the United States Court of Appeals for the Fourth Circuit, inquiring whether a telecommunications servi (09/12/2003)

42. 020757 Green v. Commonwealth 06/06/2003 The automatic review of defendant's death sentence for murder during a robbery is consolidated with appeal of his capital murder conviction. Upon considering th (06/06/2003)

43. 021186 Commonwealth v. Fletcher 06/06/2003 The Court of Appeals correctly held that a parent whose "residual parental rights" have been terminated no longer owes a duty to support her minor children. (06/06/2003)

PRESENT: All the Justices COMMONWEALTH OF VIRGINIA, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, EX REL. SPOTSYLVANIA COUNTY DEPARTMENT OF SOCIAL SERVICES v. Record N...

44. 021718 Miles v. Sheriff of Va. Beach City Jail 06/06/2003 In an appeal from a judgment dismissing a petition for a writ of habeas corpus, petitioner asserted ineffective assistance of counsel because (06/06/2003)

45. 021741 Board of Dir. Colchester v. Wachovia 06/06/2003 The trial court correctly determined that proceeds from the sale of a condominium unit pursuant to Code A (06/06/2003)

46. 021968 Dickerson v. Commonwealth 06/06/2003 Subsequent to a traffic stop, questions by a law enforcement officer after the defendant was told he was free to leave were asked in the context of a consen (06/06/2003)

47. 021981 City of Suffolk v. Board of Zoning 06/06/2003 There is credible evidence to support the findings of a board of zoning appeals and the trial court that certain land use rights vested in a landow (06/06/2003)

48. 021985 Lackman v. Long & Foster Real Estate 06/06/2003 The trial court did not err in rejecting contentions that an arbitration award should be vacated because it was procured by fraud, because the ar (06/06/2003)

49. 021987 Utsch v. Utsch 06/06/2003 Because the text of a deed of gift proves by clear and convincing evidence the intent of a husband to jointly title a marital residence and proves the donative intent (06/06/2003)

50. 021993 Jenkins v. Bay House Associates 06/06/2003 In a proceeding in equity concerning ownership and use of a "salt pond," that portion of a chancellor's decree holding that plaintiff owns the bed of (06/06/2003)

51. 022168 Harris v. Commonwealth 06/06/2003 Since a driver was illegally detained by police after a traffic stop and identity check were completed, evidence of stolen material obtained in a search of his (06/06/2003)

Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Carrico, S.J. LEON THOMAS HARRIS v. Record No. 022168 OPINION BY JUSTICE E...

52. 022189 Pollack v. Allen 06/06/2003 The circuit court erred by requiring a substitute trustee under deeds of trust to file accounts of sale with the commissioner of accounts with respect to advertised (06/06/2003)

53. 022212 C.F. Trust Inc. v. First Flight 06/06/2003 In response to two questions of Virginia Law certified by the United States Court of Appeals for the Fourth Circuit, it is held that Virginia would re (06/06/2003)

54. 022242 GEICO v. Moore 06/06/2003 In declaratory judgment proceedings involving a first-party claim for coverage relating to personal injuries sustained on account of a spouse's negligence, the trial c (06/06/2003)

PRESENT: ALL THE JUSTICES GOVERNMENT EMPLOYEES INSURANCE COMPANY v. Record No. 022242 OPINION BY JUSTICE G. STEVEN AGEE JUNE 6, 2003 HOLMES S. MOORE, ET AL. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY M...

55. 022244 Yellow Freight v. Courtaulds 06/06/2003 Before an employer petitioned to enforce subrogation rights in an employee's personal injury action, the employee entered a settlement absolutely releasi (06/06/2003)

56. 022260 Fowler v. Winchester Medical Center 06/06/2003 A suit for wrongful death brought by a nonresident party who was not qualified as a personal representative in Virginia or any other state did not (06/06/2003)

57. 022458 Cilman v. Virginia State Bar 06/06/2003 An attorney charged with failure to provide required notice to clients that his license to practice law was suspended made a timely demand that the alleg (06/06/2003)

58. 021006 Berner v. Mills 04/17/2003 The Court of Appeals correctly affirmed a decision of the Workers' Compensation Commission that it lacked jurisdiction to consider a claim against a professional corp (04/17/2003)

59. 021201 Allstate Insurance Co. v. Wade 04/17/2003 The trial court did not err in refusing to allow plaintiff's uninsured motorist insurance carrier to inform the jury that a punitive damage award would (04/17/2003)

60. 021324 Rose v. Commonwealth 04/17/2003 The trial court erred in denying a defendant's motion to strike and in convicting him of driving after having been adjudicated an habitual offender, second or su (04/17/2003)

61. 021350 Shaheen v. County of Mathews 04/17/2003 In the absence of prejudice to the defendant landowners, the trial court did not err in allowing a county to withdraw and amend responses to requests for (04/17/2003)

62. 021419 Harrell v. City of Norfolk 04/17/2003 The trial court did not err in granting a city's special plea in bar and dismissing a motion for judgment for personal injuries on the ground that the alle (04/17/2003)

63. 021507 State Water Control Board v. Crutchfield 04/17/2003 In a petition by landowners challenging a State Water Control Board permit for a county to discharge treated wastewater into a river, the Cou (04/17/2003)

64. 021513 Doe v. Isaacs 04/17/2003 In personal injury actions arising from a traffic accident in which plaintiffs' automobile was struck from the rear by a car driven by an individual who fled the scene, (04/17/2003)

PRESENT: Hassell, C.J., Lacy, Koontz, Kinser, and Lemons, JJ., and Carrico and Compton, S.JJ. JOHN DOE OPINION BY SENIOR JUSTICE A. CHRIS...

65. 021567 Eden v. Weight 04/17/2003 In a case involving charges of misrepresentations by corporate directors, the trial court did not err in holding that there was no evidence that the plaintiff co-admin (04/17/2003)

66. 021606 Wilby v. Gostel 04/17/2003 The trial court correctly granted plaintiff a nonsuit of all claims against all defendants in a wrongful death case, without preserving in the nonsuit order a prior r (04/17/2003)

67. 021627 Simon v. Forer 04/17/2003 The circuit court correctly sustained pleas of the statute of limitations when the plaintiff in a medical malpractice action nonsuited her case and then refiled the ac (04/17/2003)

68. 021659 USAA Casualty Insurance v. The Hertz Corp. 04/17/2003 In a declaratory judgment proceeding, the chancellor erred in concluding that a self-insuring car rental company operating in Virginia, req (04/17/2003)

69. 021781 Santen v. Tuthill 04/17/2003 In a civil action arising out of a physical assault, the trial court did not err in excluding a defendant's guilty plea in general district court which was later an (04/17/2003)

70. 021891 Commonwealth v. Hudson 04/17/2003 The Court of Appeals erred in reversing the judgment of the trial court, where a jury found the defendant guilty of the second-degree murder of his wife and a (04/17/2003)

71. 021976 Pulte Home Corp. v. Parex Inc. 04/17/2003 The trial court did not err in sustaining a defendant's demurrer to a co-defendant's cross-claim for breach of express warranty because the warranty wa (04/17/2003)

72. 020392 Williams v. Dominion Technology Partners 02/28/2003 The trial court erred in finding sufficient evidence that a former employee had a fiduciary duty to his former employer and in permitting the (02/28/2003)

Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Carrico, 1 S.J. DONALD WILLIAMS OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. February 28, 2003 DOMINION TECHNOLOGY PARTNERS, L....

73. 020421 Davis v. Marshall Homes 02/28/2003 The trial court erred in holding that the present action for breach of contract arising out of several real estate loans was barred under the doctrine of res (02/28/2003)

74. 020595 Ainslie v. Inman 02/28/2003 In a declaratory judgment proceeding involving lien priority under provisions of the UCC and the Uniform Partnership Act, the trial court properly held that the rece (02/28/2003)

75. 020801 Shooting Point LLC v. Wescoat 02/28/2003 In an appeal of a chancellor's disposition relating to an easement over real property, no error is found in pretrial procedural rulings or in the determ (02/28/2003)

76. 020834 N & W Ry. v. Keeling 02/28/2003 In a Federal Employers' Liability Act action against a railroad, issues of negligence and foreseeability were properly submitted to the jury and the trial court (02/28/2003)

77. 020923 Taylor v. Davis 02/28/2003 The circuit court erred in dismissing a legal malpractice action on demurrers where the plaintiff pled that his former criminal defense attorneys were negligent in al (02/28/2003)

78. 020994 Paul Johnson Plastering v. Johnson 02/28/2003 That portion of a Court of Appeals' judgment remanding a case seeking permanent total disability benefits for a brain injury to the Workers' Compen (02/28/2003)

79. 021075 Standard Banner Coal Corp. v. Rapoca Energy Co. 02/28/2003 The trial court erred in concluding that several amendments and supplements to a fifty-year coal lease altered the lease to allow the (02/28/2003)

80. 021086 Forster v. Hall 02/28/2003 The chancellor correctly determined that an implied reciprocal negative easement prohibits the placement of "mobile homes" on all lots of a residential subdivision. H (02/28/2003)

81. 021107 The Daily Press Inc. v. City of Newport News 02/28/2003 The trial court erroneously applied the definition of "machinery and tools" in ruling that a locality may collect personal property tax o (02/28/2003)

82. 021148 Shepherd v. Smith 02/28/2003 In a personal injury suit, the trial court erred in setting aside a verdict for plaintiff and ordering a new trial based on a motion by the defendant claiming that (02/28/2003)

83. 021181 PGI Inc. v. Rathe Productions Inc. 02/28/2003 In a civil action the trial court erred by striking plaintiff's claim for punitive damages and refusing to submit that issue to the jury for determ (02/28/2003)

84. 021441 In Re: Commonwealth's Attorney 02/28/2003 Two petitions for writs of prohibition and/or mandamus filed by a Commonwealth's Attorney and directed to a judge of the circuit court, filed under the (02/28/2003)

85. 021520 Whitfield v. Commonwealth 02/28/2003 The Court of Appeals of Virginia correctly affirmed a circuit court's refusal to suppress certain evidence gathered following defendant's detention by the p (02/28/2003)

86. 021542 Henry v. Warden 02/28/2003 The judgment of the trial court dismissing a petition for a writ of habeas corpus is affirmed because the issue raised by the petition was addressed and resolved in t (02/28/2003)

87. 021583 Smith v. Commonwealth 02/28/2003 Convictions for first-degree murder and use of a firearm in the commission of that crime are affirmed upon a finding that the trial court did not err in admitti (02/28/2003)

88. 021591 Williams v. Commonwealth 02/28/2003 In a prosecution for driving under the influence of alcohol the Court of Appeals correctly held that Code A (02/28/2003)

89. 021621 Friedline v. Commonwealth 02/28/2003 A circuit court did not err in dismissing a habeas corpus petition alleging ineffective assistance of counsel without conducting an evidentiary hearing or r (02/28/2003)

90. 021872 Wolfe v. Commonwealth 02/28/2003 Upon review of defendant's convictions under charges of capital murder for hire and other offenses, and the sentence of death on the capital murder charge, no r (02/28/2003)

91. 021998 Northern Va. Electric v. VEPCO 02/28/2003 According the presumption of correctness to a decision of the State Corporation Commission as to which of two utilities is the proper provider of elect (02/28/2003)

92. 020101 Ottofaro v. City of Hampton 01/10/2003 The trial court correctly held that a city condemned private property for a public purpose to create a road, and that the city council's condemnation reso (01/10/2003)

93. 020116 Thurmond v. Prince William Baseball 01/10/2003 The trial court did not err in awarding summary judgment to the defendants in a negligence action on the ground that the plaintiff, a spectator at (01/10/2003)

94. 020162 Austin v. City of Alexandria 01/10/2003 In proceedings relating to a decedent's trusts, the trial court erred in determining that an individual who was grantor, trustee, and beneficiary of a re (01/10/2003)

95. 020188 Shepherd v. Davis 01/10/2003 In consolidated suits for specific performance of agreements concerning two adjacent parcels of land, there was no error in the chancellor's decrees holding that a (01/10/2003)

96. 020338 Whitley v. Chamouris 01/10/2003 The trial court did not err in holding that expert testimony was not required in order to prove proximate causation in a legal malpractice action. The judgment o (01/10/2003)

97. 020339 SIGNAL Corp. v. Keane Federal Systems Inc. 01/10/2003 In confirming an arbitration award for breach of contract and civil conspiracy, the circuit court correctly found that the arbitrators did (01/10/2003)

98. 020343 Pro-Football Inc. v. Uhlenhake 01/10/2003 Judgment holding that the Virginia Workers' Compensation Commission did not err in ruling that professional football players are not exempt from covera (01/10/2003)

99. 020439 Koffman v. Garnett 01/10/2003 The trial court erred in dismissing personal injury plaintiffs' motion for judgment for failure to state causes of action for gross negligence and battery. The cas (01/10/2003)

Present: All the Justices ANDREW W. KOFFMAN, AN INFANT BY HIS FATHER AND NEXT FRIEND, RICHARD KOFFMAN, ET AL. v. Record No. 020439 OPINION BY JUSTI...

100. 020466 Woods v. Mendez 01/10/2003 In a personal injury action arising from an automobile accident, the trial court erred in sustaining the defendants' demurrers on the grounds that the plaintiff faile (01/10/2003)

PRESENT: All the Justices NICHOLE WOODS v. Record No. 020466 OPINION BY JUSTICE BARBARA MILANO KEENAN January 10, 2003 ARMANDO V. MENDEZ, ET AL. FROM THE CIRCUIT COURT OF PRINCE WILLI...