Miscellaneous
This podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com Granted Appeal Summary Case KERRY ANN SHEEHY v. RENEE WILLIAMS (Record Number 190802) From From the Circuit Court of the City of Virginia Beach; J. Lewis, Judge. Counsel Brandon H. Zeigler and Kellam T. Parks (Parks Zeigler, PLLC) for appellant. Kevin E. Martingayle (Bischoff Martingayle, P.C.) for appellee. Assignments of Error The trial court erred as a matter of law in interpreting Virginia Code § 8.01-40.4 when it awarded compensatory and punitive damages solely on proof of intentional conduct without Respondent producing any evidence of such damages. The trial court erred in finding Respondent had sufficiently proved all the elements of Va. Code §18.2-386.2, where she failed to prove the dissemination at issue was “malicious” and that it was done with the “intent to coerce, harass, or intimidate.” The trial court erred in allowing Respondent to argue contrary to the testimony of Richard Garriott, a witness Respondent sponsored, and whose testimony was uncontradicted by any other evidence. http://www.courts.state.va.us/courts/scv/appeals/190802.pdf Granted Appeal Summary Case KERRY ANN SHEEHY v. RENEE WILLIAMS (Record Number 191089) From the Circuit Court of the City of Virginia Beach; J. Lewis, Judge. Counsel Brandon H. Zeigler and Kellam T. Parks (Parks Zeigler, PLLC) for appellant. Kevin E. Martingayle (Bischoff Martingayle, P.C.) for appellee. Assignment of Error The trial court erred as a matter of law in awarding Respondent attorney’s fees because there was no legal basis for the damages award, and therefore, no basis for the fees award. http://www.courts.state.va.us/courts/scv/appeals/191089.pdf