MEMORANDUM OPINION * PER CURIAM. Jose Gregorio Romero appeals an order in which the trial court terminated his residual parental rights to his three-year-old daughter, R.R. Appellant argues the Alexandria Department of Human Services (the Department) failed to introduce sufficient evidence for the trial court to determine if a relative placement was appropriate and, therefore, all findings of the trial court that relative placement was not appropriate were made in error. Upon review of the...
MEMORANDUM OPINION * ROSSIE D. ALSTON, JR., Judge. Kyle Dawson appeals his conviction for leaving the scene of an accident in violation of Code 46.2-894. On appeal, Dawson argues that the trial court erred in refusing to specifically instruct the jury on the definition of proximate cause when the jury was otherwise instructed that it needed to consider whether Dawson was the proximate cause of the accident. We assume without deciding that the trial court erred in refusing to give Dawson's...
OPINION ROBERT P. FRANK, Judge. Jamie Lee Towler, appellant, was convicted of robbery, in violation of Code 18.2-58, attempted robbery, in violation of Code 18.2-26 and 18.2-58, statutory burglary, 1 in violation of Code 18.2-91, two counts of use of a firearm in the commission of robbery and burglary, in violation of Code 18.2-53.1, and unlawfully wearing a mask, in violation of Code 18.2-422. 2 On appeal, he challenges the sufficiency of the evidence. For the reasons stated, we...
FRANK, Judge. Norvell W. West, III, appellant/husband, appeals from the rulings of the circuit court in his divorce case. Appellant first assigns error to the trial court's ruling that a pending mandate of the Court of Appeals restricted or prevented its consideration of, and jurisdiction over, modifications of spousal support and child support. Appellant next argues the trial court erred when it found it had no authority to modify spousal support and child support because no formal order...
MEMORANDUM OPINION * ROBERT P. FRANK, Judge. Allen Edward Wood, appellant, was convicted, in a bench trial, of driving after having been declared an habitual offender, second offense, in violation of Code 46.2-357. On appeal, appellant challenges the sufficiency of the evidence, contending that the Commonwealth failed to produce an habitual offender declaration showing that his status as an habitual offender remained in full force and effect. For the reasons stated, we affirm the trial...
MEMORANDUM OPINION * SAM W. COLEMAN III, JUDGE. In this child custody dispute Heather Brooke Garner (mother), formerly known as Heather Brooke Ruckman, appeals an order granting Mitchell Scott Ruckman's (father) motion to strike mother's evidence thereby upholding the Frederick County Juvenile and Domestic Relations District Court's (JDR) last operative order awarding custody of their minor child to father. Mother argues that the trial court erred by (1) sustaining father's motion to strike...
HUMPHREYS, Judge. Wayne Allen Russell, on behalf of the estate of Kathryn O'Neil Russell ("Russell"), appeals the decision of the circuit court to grant the Virginia Board of Agriculture and Consumer Services' ("Board") motion to dismiss for failure to timely file a notice of appeal pursuant to Rule 2A:2 of the Supreme Court of Virginia. In addition to asking this Court to consider assignments of error on the part of the Board that were never reviewed by the circuit court, Russell alleges on...
MEMORANDUM OPINION * JUDGE LARRY G. ELDER. Razieh Makoui (wife) appeals from the property distribution and spousal support awards entered in her divorce from Cyrus Makoui (husband). On appeal, she contends the trial court erred in holding that the parties' premarital agreement was enforceable under Code 20-151. She contends husband failed to make a fair and reasonable disclosure of his finances prior to their execution of the agreement and that the agreement was unconscionable....
COLEMAN III, Judge. Turner Gilbane JV and its insurer, Zurich American Insurance Company (collectively "employer"), appeal a decision of the Virginia Workers' Compensation Commission ("commission") awarding Jose Guzman ("claimant") temporary total disability benefits and medical benefits. On appeal, employer argues the evidence did not support the commission's findings. In addition, employer argues the commission erred in: (1) finding claimant was offered a defective panel of physicians and...
MEMORANDUM OPINION * ROBERT J. HUMPHREYS, JUDGE. George Nicholas Pacot, III ("husband"), appeals from a final decree of divorce ("decree") entered in the Circuit Court for the County of Bedford ("circuit court") on February 25, 2011. Husband specifically alleges (1) the circuit court erred in ruling Vickie Pacot ("wife") proved at trial that husband's company, Pacot Builders ("the company"), was transmuted into a hybrid entity by virtue of husband's personal efforts or that any such efforts...
MEMORANDUM OPINION ** WALTER S. FELTON, JR., CHIEF JUDGE. This matter comes before a panel of this Court on a petition for rehearing from an unpublished panel decision of August 2, 2011. See Historic Green Springs, Inc. v. Va. Dep't of Envtl. Quality ex rel. Va. State Water Control Bd., No. 2082-10-2 (Va. Ct. App. Aug. 2, 2011). Upon review of appellees' petition for rehearing, appellants' brief in response, and consideration of oral argument from the parties, we lift the stay of the...
ROSSIE D. ALSTON, JR., Judge. Dean and Ashley Marrison appeal an order adjudicating their minor children abused and neglected. On appeal, the Marrisons argue that the circuit court erred in denying their motions to dismiss because the Fairfax County Juvenile and Domestic Relations District Court lacked subject matter jurisdiction after it failed to conduct an initial hearing within five business days of removal of the children, as required by Code 16.1-251(B). Assuming without deciding that...
MEMORANDUM OPINION * PER CURIAM Anthony Lawrence Falcone (claimant) appeals a decision of the Workers' Compensation Commission finding he was not entitled to any award of permanent partial disability due to a 2008 injury to his right shoulder. Claimant contends the commission erred by holding he was not entitled to the five percent permanent partial disability rating to his right shoulder and finding he did not suffer a five percent partial disability increase in his right shoulder. We have...
MEMORANDUM OPINION * LARRY G. ELDER JUDGE. Brian Paul Engel (appellant) appeals his bench trial conviction for assault on a law enforcement officer, in violation of Code 18.2-57(C). 1 He contends that the Commonwealth failed to present sufficient evidence to prove that he intended to assault a law enforcement officer. Because the evidence supports the trial court's finding of intent, we affirm appellant's conviction. When reviewing the sufficiency of the evidence to support a conviction,...
MEMORANDUM OPINION ** LARRY G. ELDER, Judge In this second appeal from a final decree of divorce, Harry D. Campbell (husband) argues that the trial court erred in: (1) classifying husband's stock in Campbell Lumber Company (CLC) as entirely marital property; (2) classifying husband's stock in Campbell Lumber Company of Appomattox (CLCA) as entirely marital property; and (3) failing to adjust the value of CLC for certain assets the company no longer owned. We hold that (1) the trial court...
MEMORANDUM OPINION ** LARRY G. ELDER, Judge In this second appeal from a final decree of divorce, Betty J. Campbell (wife) argues that the trial court erred: (1) in refusing to allow wife to relitigate the grounds for divorce, an issue decided in the first divorce proceeding in 2006; (2) in awarding Harry D. Campbell (husband) sixty-two percent of the parties' marital property because the award was based on the allegedly erroneous grounds for divorce; (3) in failing to include as part of the...
MEMORANDUM OPINION ** WALTER S. FELTON, Jr., Chief Judge. The Historic Green Springs, Inc. and Reginald and Jane Murphy (collectively "appellants") appeal from a judgment of the Circuit Court of Louisa County ("circuit court") dismissing their petition for appeal challenging the State Water Control Board's ("SWCB") decision to reissue a Virginia Pollution Discharge Elimination System ("VPDES") permit to the Louisa County Water Authority ("the Water Authority"). Appellants contend the...
MEMORANDUM OPINION * ROBERT P. FRANK, Judge. Timothy M. Barrett, appellant/father, appeals from the trial court's June 22, 2010 order modifying his child support obligation. The Department of Social Services, Division of Child Support Enforcement (DCSE), a party to the case, responded to father's appeal. Mother, Valerie Jill Rhudy Barrett, also responded to the appeal and filed a cross-appeal. PROCEDURAL HISTORY On May 1, 2008, appellant petitioned the juvenile and domestic relations...
MEMORANDUM OPINION * ROBERT P. FRANK, Judge. Timothy M. Barrett, appellant/father, appeals from the trial court's ruling finding him in contempt for failing to pay his child support obligation. He asserts twelve assignments of error. We will address them sequentially in the body of this opinion. Appellee/mother Valerie Jill Rhudy Barrett filed four assignments of cross-error, as well as a request for attorney's fees on appeal. INTEREST Appellant contends the trial court erred in awarding...
MEMORANDUM OPINION * PER CURIAM On October 18, 2010, the trial court entered an order terminating the residual parental rights of Teresa Huffman (hereinafter "mother") to her daughter, C.T. On appeal, mother argues the trial court erred by: (1) finding the evidence sufficient to terminate her parental rights pursuant to Code 16.1-283(C)(2); (2) finding mother created the conditions that led to foster care for C.T. and the continuation of her foster care; (3) finding that the Roanoke City...
