Janis v. Commonwealth, 479 S.E.2d 534 (Va. Ct. App. 1996). · Go Syfert
Janis v. Commonwealth, 479 S.E.2d 534 (Va. Ct. App. 1996). Cases Citing This Book View Copy Cite
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  • Lowell F. Smith v. Alice L. Thornton-Smith, No. 1165064 (Va. Ct. App. Mar. 6, 2007).unpublished
    The party claiming the existence of a gift must prove by clear and convincing evidence “(1) intention on the part of the donor to make a gift; (2) delivery or transfer of the gift; and (3) acceptance of the gift by the donee.” Id. at 566,…
  • George Thomas West, Jr. v. Patricia West, No. 0075032 (Va. Ct. App. Oct. 14, 2003).unpublished
    The party claiming the existence of a gift must prove by clear and convincing evidence "(1) intention on the part of the donor to make a gift; (2) delivery or transfer of the gift; and (3) acceptance of the gift by the donee." Id. at 566,…
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Retrieving the full opinion text from the archive…
Kimberly O. JANIS and Thomas Janis, Appellants,
v.
COMMONWEALTH of Virginia, Appellee.
0271952.
Court of Appeals of Virginia.
Dec 31, 1996.
Published opinion
479 S.E.2d 534
1996 Va. App. LEXIS 817
Moon, C.J., and Baker, Benton, Coleman, Willis, Elder, Bray, Fitzpatrick, Annunziata and Overton.
Published

Charles R. Watson, Colonial Heights, for appellants.

Marla Graff Decker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Before MOON, C.J., and BAKER, BENTON, COLEMAN, WILLIS, ELDER, BRAY, FITZPATRICK, ANNUNZIATA and OVERTON, JJ.

UPON A REHEARING EN BANC

In Janis v. Commonwealth, 22 Va.App. 646, 650-51, 472 S.E.2d 649, 651 (1996), a majority of a panel of the Court reversed and remanded the convictions of Kimberly O. Janis and Thomas Janis. A dissenting opinion was filed in the panel decision. The Commonwealth's petition for rehearing en banc was granted and heard on November 26, 1996. For the reasons stated in the panel's majority opinion, the convictions are reversed, the matters are remanded to the Circuit Court of Dinwiddie County and, accordingly, the stay of this Court's July 9, 1996 mandate is lifted.

Chief Judge Moon, Judges Baker, Coleman and Fitzpatrick would affirm the judgment of the trial court for the reasons stated in the dissenting opinion of the original panel decision.

This order shall be published and certified to the trial court.