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The judgment sustaining demurrers to the claims as against these defendants is affirmed. Lawson Realty Corporation 05/03/2018 In a case seeking damages for exposure to mold in a rented apartment, the trial court erred in dismissing the two common law based counts of the complaint on the theory that Code 8.01-226.12 was intended to abrogate such common law based causes of action.
The doctrine of judicial instructions (allowing recovery of attorney fees) has not been explicitly recognized in Virginia but, if it exists in the Commonwealth, this doctrine only applies where there is an ambiguity in the testators will or trust instruments, and here the parties agree that the residuary clause is unambiguous. Capital One Bank 04/05/2018 In a dispute over contractual provisions in a real estate purchase agreement governing the allocation of future development density rights for properties located near a new Metro rail station, the circuit court did not err in dismissing the suit brought by an assignee of certain rights of the seller against the assignee of the purchaser.
The complaint expressly alleges that plaintiff initiated the adoption plan, contacted the prospective adoptive parents, verbally agreed to proceed with an adoption, and executed a written agreement and consent order authorizing the adopting family to have sole physical custody of the child.
No allegation in the complaint, express or implied, claims that the present defendants interfered with plaintiff parental rights with knowledge that plaintiff did not consent, as required in Restatement (Second) of Torts 700, which the model for this tort cause of action.
Here, the petitioners affidavit swore that all of the allegations in the petition were true and correct, except to the extent therein stated to be on information, and to such extent the petitioner believed them to be true.
Under the circumstances of this case, the petitioners sworn statement was sufficient to comply with the requirements of Code 8.01-280 and, by extension, Code 2.2-3713(A).Since the defendant is the prevailing party, it is entitled to recover its fees and costs under an express provision of the parties agreement, severable from the formula provisions that became impossible to perform, and thus the judgment awarding attorneys fees, costs and expenses to the defendant, is also affirmed. Gregg 04/05/2018 A defendant who shot and killed a man repossessing his vehicle was convicted of common law involuntary manslaughter as well as involuntary manslaughter under Code 18.2-154.