Supreme Court of Virginia Decisions 2021

Commonwealth v. Richard  
Date: December 29, 2021
Docket Number: 210027

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing Defendant's conviction for conspiracy to distribute a controlled substance and reinstated that conviction, holding that the court of appeals erred…

Carter v. Commonwealth  
Date: December 22, 2021
Docket Number: 201145

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of battering a police officer under Va. Code 18.2-57(C), holding that Defendant's contentions on appeal were without merit. Defendant was charged with assault and…

Stoots v. Marion Life Saving Crew, Inc.  
Date: December 22, 2021
Docket Number: 201202

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the circuit court ruling that Marion Life Saving Crew, Inc. (MLSC) and its paramedics were entitled to statutory immunity pursuant to Va. Code…

Garner v. Joseph  
Date: December 16, 2021
Docket Number: 201362

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court holding that the owners of an easement were not indispensable parties to a boundary adjustment suit filed by their neighbors, holding that, under the facts and…

Ehrhardt v. SustainedMED, LLC  
Date: December 2, 2021
Docket Number: 201160

Justia Opinion Summary: The Supreme Court held that the circuit court erred in this case in awarding SustainedMED, LLC attorneys' fees as well as expenses and costs in excess of $24,999.94 on its indemnification claim because the award exceeded…

Commonwealth v. Cady  
Date: October 28, 2021
Docket Number: 201204

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing a misdemeanor conviction based upon a jury verdict finding Defendant guilty of reckless driving, holding that the court of appeals erroneously…

Phillips v. Rohrbaugh  
Date: October 21, 2021
Docket Number: 200840

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting demurrers as to all claims filed by John Mark Rohrbaugh Sr.'s daughter seeking both an equitable and a statutory accounting from her brother in his…

Ayers v. Brooke Road, LLC  
Date: October 21, 2021
Docket Number: 201245

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court sustaining Brooke Road, LLC's demurrers to Troy Ayers' complaints to vacate several confessed judgments, holding that the circuit court erred. In his second…

Givago Growth, LLC v. iTech AG, LLC  
Date: October 14, 2021
Docket Number: 201267

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Petitioners' amended complaint against iTech AG, LLC and Robbins Law Group, PLLC (collectively, Appellees) alleging malicious abuse of process,…

White v. United States  
Date: October 14, 2021
Docket Number: 210168

Justia Opinion Summary: The Supreme Court answered a certified question regarding whether, under Virginia common law, an individual can be convicted of robbery by means of threatening to accuse the victim of having committed sodomy, in the…

Gregory v. Northam  
Date: September 2, 2021
Docket Number: 201307

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court ruling that Plaintiff had not articulated a legally viable cause of action and denied any requests made for injunctive relief, holding that there was no…

Taylor v. Northam  
Date: September 2, 2021
Docket Number: 210113

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court concluding that Governor Ralph S. Northam's order to remove the Robert E. Lee Monument in Richmond, Virginia from property owned by the Commonwealth was not…

City of Charlottesville v. Sclafani  
Date: August 26, 2021
Docket Number: 200791

Justia Opinion Summary: The Supreme Court reversed the portion of the judgment of the court of appeals applying the law of the case doctrine to this appeal of an award of workers' compensation benefits but affirmed the judgment of the court of…

Lopez v. Intercept Youth Services, Inc.  
Date: August 5, 2021
Docket Number: 191545

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting a plea in bar and dismissing a complaint alleging that an employer operating a residential program for at-risk youth had negligently failed to protect…

Barnes v. Berry (ORDER)
Date: August 5, 2021
Docket Number: 200990
Eubank v. Thomas  
Date: August 5, 2021
Docket Number: 201118

Justia Opinion Summary: The Supreme Court reversed the circuit court's dismissal of Plaintiffs' malicious prosecution claim and affirmed the circuit court's dismissal of Plaintiffs' abuse of process claim, holding that the claim for abuse of…

Potter v. BFK, Inc.  
Date: July 22, 2021
Docket Number: 191716

Justia Opinion Summary: The Supreme Court reversed the circuit court's judgment finding that a Buell Classifier was ordinary building material and, as such, was subject to Virginia's statute of repose, holding that the Buell Classifier at issue…

Kinsey v. Virginia Electric & Power Co.  
Date: July 15, 2021
Docket Number: 200703

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sustaining Virginia Electric and Power Company's (VEPCO) plea in bar regarding conflict preemption and dismissing Plaintiffs' complaints alleging common law…

Evans v. Evans  
Date: July 15, 2021
Docket Number: 201108

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court vacating as void ab initio a portion of an earlier divorce decree that had ordered Appellant to pay child support because the court issuing the support award…

Virginia Electric & Power Co. v. State Corporation Commission  
Date: July 15, 2021
Docket Number: 201172

Justia Opinion Summary: The Supreme Court affirmed the decision of the State Corporation Commission finding that a pumped storage hydroelectric facility (or pumped storage) generates "renewable energy" under the former definition in Va. Code…

Pinedo v. Commonwealth  
Date: July 8, 2021
Docket Number: 200748

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the circuit court refusing to instruct the jury "with the model instruction regarding a claim-of-right defense," holding that the…

Dill v. Kroger Limited Partnership I  
Date: July 8, 2021
Docket Number: 200823

Justia Opinion Summary: The Supreme Court reversed in part the judgment of the circuit court granting Defendants' motion to strike as to all of Plaintiff's claims, holding that the circuit court erred in granting Defendants' motion to strike…

Lucas v. Riverhill Poultry, Inc.  
Date: July 1, 2021
Docket Number: 200336

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court entering judgment on the jury's verdict for Defendants in this wrongful death action, holding that there was no abuse of discretion in the circuit court's…

Merid v. Commonwealth (ORDER)
Date: July 1, 2021
Docket Number: 200799
Grayson v. Westwood Buildings L.P.  
Date: June 24, 2021
Docket Number: 191413

Justia Opinion Summary: The Supreme Court reversed the trial court finding in favor of Landlord against all of defendants except two on Landlord's suit against two tenants and seven other parties for fraudulent and voluntary conveyances and…

Nicholson v. Commonwealth  
Date: June 17, 2021
Docket Number: 200356

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's appeal of her condition of driving on a suspended license, fifth offense, on the basis that her notice of appeal was fatally…

Galiotos v. Galiotos  
Date: June 3, 2021
Docket Number: 200504

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court in these appeals regarding two brothers' disputes concerning the administration of their deceased mother's estate, holding that the circuit court did not err…

Historic Alexandria Foundation v. City of Alexandria  
Date: May 27, 2021
Docket Number: 200195

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court determining that the Historic Alexandria Foundation lacked standing to pursue the claims asserted in this case, holding that there was no error in the circuit…

Merck v. Vincent  
Date: May 27, 2021
Docket Number: 200222

Justia Opinion Summary: The Supreme Court held that the court of appeals erred by affirming an award of permanent total disability benefits after Employee suffered an injury that was a compensable consequence of an earlier compensable…

Machen v. Williams  
Date: May 27, 2021
Docket Number: 200695

Justia Opinion Summary: In this appeal arising out of a suit to impeach a will the Supreme Court affirmed the judgment of the circuit court denying a plea in bar, holding that if the circuit court erred in denying the plea in bar, any error was…

Bonanno v. Quinn  
Date: May 27, 2021
Docket Number: 200963

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing a petition for appeal filed by a person who was not a party in the proceeding from which the appeal was taken, holding that there was no error in…

Logan v. Commonwealth  
Date: May 27, 2021
Docket Number: 201006

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's misdemeanor conviction for attempting to purchase a firearm while subject to a protective order, holding that the admission of certain…

Norton v. Board of Supervisors of Fairfax County  
Date: May 27, 2021
Docket Number: 201028

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing Appellants' challenges to certain amendments to the Fairfax County Zoning Ordinance and the imposition of a Transient Occupancy Tax, holding that…

Kosko v. Ramser  
Date: May 20, 2021
Docket Number: 200187

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court awarding costs to Defendants under Va. Code 8.01-380 after the entry of a nonsuit order, holding that, under Rule 1:1, the written order awarding costs was…

Rompalo v. Commonwealth (ORDER)
Date: May 20, 2021
Docket Number: 200941
Myers v. Commonwealth  
Date: May 13, 2021
Docket Number: 200165

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of carrying a concealed weapon, second offense, in violation of Va. Code 18.2-308, holding that the trial court erred by failing to apply the statutory exception to…

White v. Llewellyn  
Date: May 6, 2021
Docket Number: 191599

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Plaintiff's complaint in this fraudulent conveyance suit, holding that the circuit court erred in shifting only the burden of production, and not…

Doe v. Baker  
Date: April 29, 2021
Docket Number: 200386

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court dismissing Jane Doe's amended complaint alleging that, while she was a minor, she was sexually molested by the retired but still…

Green v. Commonwealth  
Date: April 15, 2021
Docket Number: 191735

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction for refusing to take a breath or blood test in violation of Va. Code 29.1-738.2 and remanded the case for further proceedings, holding that the trial court erred when it…

Northern Virginia Kitchen, Bath & Basement v. Ellis  
Date: April 15, 2021
Docket Number: 200335

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court awarding compensatory and punitive damages arising from Appellants' intentional statutory torts of racial harassment and stalking, holding that the evidence…

Canova Land & Investment Co. v. Lynn  
Date: April 15, 2021
Docket Number: 200476

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's complaint seeking to quiet title to certain property, holding that a deed restriction for the use of a particular church was not an…

Bryant-Shannon v. Hampton Roads Community Action Program, Inc.  
Date: April 8, 2021
Docket Number: 200153

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing with prejudice an amended complaint filed by Lisha Bryant-Shannon (Shannon) against the Hampton Roads Community Action Program, Inc. (HRCAP)…

Galloway v. County of Northampton  
Date: April 1, 2021
Docket Number: 191387

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Plaintiffs' three separate complaints against the County of Northampton (the County) and the Town of Cape Charles (the Town) with prejudice, holding…

Stafford County v. D.R. Horton, Inc.  
Date: April 1, 2021
Docket Number: 191662

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court concluding that the cluster development plans submitted by two developers were not subject to planning commission review under Va. Code 15.2-2232, holding that…

Plofchan v. Plofchan  
Date: April 1, 2021
Docket Number: 200237

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court sustaining Defendant's plea in bar and dismissing Plaintiffs' action, holding that Plaintiffs had standing and were not collaterally estopped from pursuing the…

Bolton v. McKinney  
Date: April 1, 2021
Docket Number: 200637

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court declining to award attorney's fees to Plaintiffs in this case, holding that the circuit court erred in failing to award the amount of attorney's fees…

City of Charlottesville v. Payne  
Date: April 1, 2021
Docket Number: 200790

Justia Opinion Summary: In this complaint brought over the actions of City of Charlottesville regarding Lee Park, the Supreme Court reversed and vacated the judgment, orders, and all forms of relief granted by the circuit court to Plaintiffs,…

Shoemaker v. Funkhouser  
Date: March 25, 2021
Docket Number: 191218

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court dismissing this wrongful death action, holding that the Recreational Land Use Act, Va. Code 29.1-509, did not provide Defendants with immunity under the…

Haas v. Commonwealth  
Date: March 25, 2021
Docket Number: 191580

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the circuit court convicting Defendant of raping and taking indecent liberties with a minor, holding that any error in the circuit…

NC Financial Solutions of Utah, LLC v. Commonwealth  
Date: February 25, 2021
Docket Number: 190840

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court refusing to enforce arbitration agreements between NC Financial Solutions of Utah, LLC (NCFS-Utah) and the individual consumers who were affected by alleged…

Kenner v. Commonwealth  
Date: February 25, 2021
Docket Number: 200027

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's convictions for animate object sexual penetration, aggravated sexual battery, and custodial sexual abuse, holding that that the court…

St. John v. Thompson  
Date: February 25, 2021
Docket Number: 200068

Justia Opinion Summary: The Supreme Court affirmed the determination of the trial court that James Charles St. John must pay attorney fees to the person he defrauded, holding that the circuit court did not err. St. John befriended his…

Ferrara v. Commonwealth  
Date: February 25, 2021
Docket Number: 200117

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court ordering Defendant to be civilly committed as a sexually violent predator for purposes of Virginia's Sexually Violent Predators Act (SVPA), Va. Code 37.2-900…

AlBritton v. Commonwealth  
Date: February 4, 2021
Docket Number: 191030

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court entering summary judgment in favor of the Commonwealth and dismissing Plaintiff's complaint alleging that he was injured while falling down stairs negligently…

Platt v. Griffith  
Date: January 21, 2021
Docket Number: 190817

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing Plaintiffs' complaint regarding the distribution of Dr. Lloyd Griffith's estate, holding that Plaintiffs did not have standing to bring the claims…

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