Virginia Court Decisions
Family Law - Divorce, Adoption, Marital Agreements, Domestic Violence, Child Abuse

2682072 Divorce, Equitable Distribution, - S. David McIlwain v. Susan Blair Penick McIlwain 09/16/2008
Trial court did not err in awarding appellee a monetary sum equal to half of the fair market rental value of the marital home as part of overall equitable distribution of marital property or in finding receivables from loans to two companies were marital assets and distributing them accordingly; trial court erred in awarding appellee credit for tax payments she made using marital funds

2628074 Divorce, Equitable Distribution - Michael K. Hardey v. Elizabeth Metzger 08/26/2008
No error in trial court's findings regarding the property settlement agreement, the contempt of court request, and the award of attorney's fees to appellee; error in trial court's calculation of prejudgment interest payable to appellee

1683071 Divorce - Sandra E. Rogers v. Daniel J. Rogers 05/27/2008
Appellant's general objections to the divorce decree from which she appeals insufficient to satisfy requirements of Rule 5A:18; issues raised on appeal procedurally defaulted and decree is affirmed

0004072 Divorce, Spousal Support - Richard J. Chasen v. Karen S. Chasen 05/20/2008
No error in trial court's award of spousal support to appellee; no error in trial court's denial of appellant's motion to correct alleged scrivener's error where evidence did not support appellant's contention that a clerical error was made

1323072 Divorce, Bankruptcy, Attorneys Fees - Brian Maurice Marvin v. Vickie Lynore Marvin 04/22/2008
Trial court did not err in finding appellant's obligation to pay appellee's attorney's fees was in the "nature of support of the child" and was not discharged in bankruptcy proceedings

1745074 Divorce; Jurisdiction - Wesley C. Smith v. Cheri Smith 04/15/2008
Trial court did not lack personal jurisdiction over appellant where he made a general appearance by filing an Answer and Cross-Bill to the bill of complaint without objecting to service; this issue also barred by res judiciata; appellant's other issues procedurally barred

1335073 Divorce; Marital Property; Equitable Distribution; Spousal Support - Kathy Corena Walk v. Robert Bailey Walk 04/01/2008
Error in trial court's distribution of marital property where trial court violated the statutory scheme by granting appellant additional marital property to supplement the spousal support award

0215074 John Cherin v. Patricia A. Cherin - Divorce, Foreign Judgment - 03/11/2008
Trial court did not err in giving full faith and credit to Massachusetts judgment and in granting appellee's motion to dismiss Virginia proceedings

0332072 Divorce, Support, Divorce, Forum Selection - Ajay Goyal v. Tatiana Gillespie 02/12/2008
Trial court did not err in awarding contractual support payments to appellee pursuant to a divorce settlement agreement entered into in Cyprus

0067071 Divorce Decree, Equitable Property Distribution, & Child Support - Timothy Lance Westfall v. Deborah Sue Westfall 01/22/2008
No error in trial court's entry of final decree of divorce with regard to denial of appointment of guardian ad litem for minor children, equitable distribution of parties' property, deviating from presumptive amount in calculating child support, and in ordering appellant to have no contact with children unless they initiate it

0890071 Adoption - Colin Q. Chappell v. City of Newport News Department of Social Services 11/06/2007
Summary affirmance - Trial court did not err in changing goal of foster care plan for appellant's child from return to parent/placement with relatives to adoption where evidence showed that was in child's best interests

2223064 Antenuptial Agreement - Chester E. Miller v. Linda S. Miller 09/11/2007
No error in trial court's findings that parties failed to effectively revoke their antenuptial agreement, in accepting parol evidence on the intention of the parties, in holding that agreement dealt only with pre-marital assets of the parties, and in awarding spousal support to wife

0442073 Divorce Spousal Support - David G. Batten v. Joan M. Batten 09/04/2007
Summary affirmance - No error in trial court's denial of appellant's request for permanent spousal support and attorney's fees in this divorce action - disparity of income

0766064 Divorce Decree - Jeffrey Michael Fadness v. Lynette Thompson Fadness 09/04/2007
As decree appealed from is neither a final order nor an interlocutory order that adjudicates the principles of the cause, this Court is without jurisdiction to entertain appeal and it is dismissed

0010072 Child Abuse - Joseph B. Hersey, Sr. v. New Kent Department of Social Services 08/28/2007
Summary affirmance - no error in trial court's finding that appellant's son was abused and neglected as defined in Code § 16.1-228

0034072 Child Neglect - Shawna Marie West v. New Kent Department of Social Services 08/28/2007
Summary affirmance - no error in trial court's finding that appellant's son was abused and neglected as defined in Code § 16.1-228

1684064 Yuri Isidoro Sasson Moscona v. Dana Shenhar 08/21/2007
Court finds that appellant cannot seek relief from same judicial system whose authority he evades; appeal dismissed

0387074 Protective Order - Maureen Blake v. Victor Blake 08/14/2007
Summary affirmance - no error in trial court's order denying appellant's petition for a protective order against appellee

1086072 Child Neglect - Jacqueline Reynolds v. Anthony Conyers, Jr., Commissioner Virginia Department of Social Services 08/14/2007
Summary affirmance - circuit court's decision upholding a Child Protective Services founded disposition of level one physical neglect and inadequate supervision is affirmed

0503074 Louis John Swallow, Jr. v. Urbieta A. Swallow 08/07/2007
Summary affirmance - trial court did not err in imputing income to appellant; the remaining issues are procedurally barred

2876064 Jean-Pierre Garnier v. Catherine C. Garnier 06/19/2007
Summary affirmance – trial court did not err in entering a judgment against appellant

2227063  Tonya Ann Hayton (Trivett) v. David Michael Hayton 06/05/2007
Appeal dismissed; as no final order was entered by the trial court in this case, this Court is without jurisdiction to entertain this appeal

0723062 Susanna B. Hickman v. Margaret Cuthbert Broaddus 05/15/2007
As Court finds that interlocutory order appealed from in this case was not an appealable order, this appeal is dismissed without prejudice

1040063 Divorce Decree - Dennis Lee Strausbaugh v. Brenda Britt Strausbaugh, n/k/a Brenda Britt Monroe 05/15/2007
Trial court did not err in awarding appellee half of the marital share of appellant's pension pursuant to terms of parties' final decree of divorce;

1263063 Domestic Assault - John Kurt Sensabaugh v. Commonwealth 05/15/2007
Finding that evidence was not sufficient to prove two or more prior convictions occurring on different days, conviction of domestic assault and battery third or subsequent offense is reversed and case remanded to trial court for resentencing on misdemeanor conviction

2115064 Julia M. Greenway v. John B. Greenway 05/15/2007
As appellant's opening brief fails to comply with Rule 5A:20(d)(no statement of facts relating to questions presented), this appeal is dismissed

2192062 Babette C. Whitney v. Christopher J.R. Whitney 05/15/2007
Trial court erred in refusing to grant post-judgment interest on monetary payments due appellant, postponing accrual of interest for ninety days and in refusing appellee to reimburse appellant for expenses incurred in compiling exhibit; did not err in refusing to award appellant reimbursement for expenses not covered by Agreement or in crediting mortgage payments

0983062 Harry D. Campbell v. Betty J. Campbell 04/10/2007
Trial court abused its discretion by preventing husband from cross-examining wife’s witnesses due to the time limits it imposed; judgment is reversed and the case is remanded to the trial court

1169061 Divorce Decree - Renee Smith v. Alexander Novak 04/03/2007
Judgment affirmed as appellant made no objection to the final decree and did not present the issues she raises on appeal before being barred by Rule 1:1

1172064 Diana H. Becker v. Frank J. Becker 04/03/2007
Trial court did not err in failing to award appellant any portion of appellee’s deferred compensation or in its decision to reimburse appellee for the full amount of the mortgage payments; judgment affirmed and matter remanded to the trial court

2551062 Victor Alan Motley, Sr. v. Charlene Byrd Motley 04/03/2007
Summary affirmance – this Court summarily affirms the trial court’s decision in part and dismisses the appeal in part due to appellant’s failure to comply with certain Rules of Court

0668064 Frederick C. Klein v. Karen N.E. Klein 03/27/2007
Appeal dismissed for failure to comply with the provisions of Rule 5A:20; case remanded to trial court to determine and enter an appropriate award of appellate attorneys’ fees and costs in favor of wife

0512064 Thomas Shoemaker v. Mary Ann Karau 03/27/2007
Trial court did not err in its interpretation of Code Section 20-124.3:1; trial court’s admission of the challenged portions of appellee’s evidence relating to the therapists and the child was harmless error; judgment affirmed

2116063 Daniel Gayle Price v. Cornetta Richardson Price 03/06/2007
Appeal dismissed for lack of jurisdiction as the notice of appeal was not timely filed

060554 Divorce & Child Custody - Switzer v. Switzer 03/02/2007
The Court of Appeals abused its discretion in summarily dismissing divorce and custody appeals brought of right by an indigent pro se litigant based on its prior order barring him from filing future appeals until he paid a $500 judgment entered against him pursuant to Code § 8.01-271.1 as a sanction for filing a frivolous appeal in another custody case involving his son. The order was not narrowly tailored to correct the problem of frivolous filings, and summary dismissal was an unduly severe sanction depriving him of the statutory right to consideration of the appeals. The judgments are reversed and the cases are remanded.

3158054 Cohabitation/Marriage - Joseph Anthony Stroud v. Debra Lyn Stroud 02/27/2007
Trial court did not err in permitting the introduction of evidence concerning the negotiations before execution of the PSA, but erred in finding that appellant had not established appellee’s cohabitation by a preponderance of the evidence and that, under PSA, individuals of the same sex cannot cohabitate in a situation analogous to marriage in VA; judgment reversed and remanded to trial court

0139061   Adoption - Ronald McCallum v. Gilberto Salazar, Jr., and Kathleen Joanne Salazar 11/07/2006
Trial court erred in dismissing appellant’s amended petition to vacate an adoption order on the ground that Code Section 63.2-1216 barred claims filed more than six months after discovery of the alleged fraud; judgment reversed and case remanded to the trial court

2110054   Divorce Decree - Frederick Eugene Recker, Jr. v. Peggy H. Recker 05/09/2006
This Court holds the trial court correctly interpreted the final decree that divided appellant’s civil service pension; judgment of the trial court is affirmed

A Richmond, Virginia, family law firm since 1961