Correy E. Stephenson

2 weeks ago | milawyersweekly.com | Correy E. Stephenson

While the failure to redeem property extinguished the owner’s rights related to the property, it didn’t render moot the issue of whether it was entitled to a surplus from the sale, a panel of the Court of Appeals has ruled. The court also recognized that a credit bid was permissible in a construction lien foreclosure pursuant to the Construction Lien Act, or CLA. “[I]t was not error for the trial court to allow a credit bid, or partial credit bid, during the foreclosure sale,” Judge Noah P.

3 weeks ago | valawyersweekly.com | Correy E. Stephenson

A circuit court lacked jurisdiction to hear a church property dispute as the church had filed the matter with an ecclesiastical adjudicator before attempting to challenge the decision in civil court with a contrary position, a panel of the Virginia Court of Appeals has ruled. Shalom Presbyterian Church of Washington attempted to separate itself from the Atlantic Korean American Presbytery, or AKAP. As part of the process, it sought to retain control over real property and assets.

1 month ago | valawyersweekly.com | Correy E. Stephenson

A contractor failed to state a claim for contractual indemnification where the language of its contracts was not an actionable indemnification provision and void for public policy reasons, a panel of the Virginia Court of Appeals has ruled. When the general contractor was sued for breach of contract over the construction of an apartment building, it filed separate actions against each of its subcontractors, asserting indemnification.

1 month ago | milawyersweekly.com | Correy E. Stephenson

Where a trial court misapplied the operative proximate causation standard under the governmental tort liability act (GTLA) for an Adult Protective Services (APS) employee, a panel of the Court of Appeals reversed the order denying his summary disposition motion and remanded the matter for reconsideration.

1 month ago | valawyersweekly.com | Correy E. Stephenson

An attorney was incorrectly sanctioned by the circuit court where he was not given adequate notice and an opportunity to be heard on the issue, a panel of the Virginia Court of Appeals has ruled in reversing the judgment. During the course of litigation about a partnership dispute, one of the lawyers on the case signed a motion seeking to disqualify an opposing counsel.