first two assignments error (Virginia) · Go Syfert
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first two assignments error in Virginia

7 Virginia opinions name it 2 courts 1922–2021 1 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
PMA Capital Ins. Co. v. US Airways, Inc.green
va · 2006 · cited in 2 Virginia opinions naming this issue, 2009–2015
2 sentences

2009In considering the issues raised by the first two assignments of error, we are guided by the well-settled principle that "[t]he interpretation of a contract presents a question of law subject to de novo review." PMA Capital Insurance Co. v. U.S. Airways, Inc., 271 Va. 352, 357-58 , 626 S.E.2d 369, 372 (2006).

2009In considering the issues raised by the first two assignments of error, we are guided by the well-settled principle that "[t]he interpretation of a contract presents a question of law subject to de novo review." PMA Capital Insurance Co. v. U.S. Airways, Inc., 271 Va. 352, 357-58 , 626 S.E.2d 369, 372 (2006).

22
Parks v. Parksgreen
vactapp · 2008 · cited in 2 Virginia opinions naming this issue, 2011–2011
2 sentences

2011See Fadness v. Fadness, 52 Va. App. 833, 851 , 667 S.E.2d 857, 866 (2008) (“If the parties believed that the circuit court erred, it was their duty to present that error to us with legal authority to support their contention.”); Parks v. Parks, 52 Va. App. 663, 664 , 666 S.E.2d 547, 548 (2008).

2011See Fadness v. Fadness, 52 Va. App. 833, 851 , 667 S.E.2d 857, 866 (2008) (“If the parties believed that the circuit court erred, it was their duty to present that error to us with legal authority to support their contention.”); Parks v. Parks, 52 Va. App. 663, 664 , 666 S.E.2d 547, 548 (2008).

22
Fadness v. Fadnessgreen
vactapp · 2008 · cited in 2 Virginia opinions naming this issue, 2011–2011
2 sentences

2011See Fadness v. Fadness, 52 Va. App. 833, 851 , 667 S.E.2d 857, 866 (2008) (“If the parties believed that the circuit court erred, it was their duty to present that error to us with legal authority to support their contention.”); Parks v. Parks, 52 Va. App. 663, 664 , 666 S.E.2d 547, 548 (2008).

2011See Fadness v. Fadness, 52 Va. App. 833, 851 , 667 S.E.2d 857, 866 (2008) (“If the parties believed that the circuit court erred, it was their duty to present that error to us with legal authority to support their contention.”); Parks v. Parks, 52 Va. App. 663, 664 , 666 S.E.2d 547, 548 (2008).

22
West v. Westgreen
vactapp · 2008 · cited in 1 Virginia opinions naming this issue, 2021–2021
1 sentence

2021ANALYSIS On appeal, “we presume the judgment of the trial court to be correct and . . . sustain its finding unless it is plainly wrong or without evidence to support it.” West v. West, 53 Va. App. 125, 132 (2008) (quoting M.

11
Rutledge v. Rutledgegreen
vactapp · 2005 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015Although wife does not abandon her argument raised in the first two assignments of error that the PSA is invalid and unenforceable, she argues here in the alternative that the award of attorneys’ fees and costs was not supported by the terms of the PSA. “‘Marital property settlements . . . are contracts subject to the rules of construction applicable to contracts generally, including the application of the plain meaning of unambiguous contractual terms.’” Rutledge v. Rutledge, 45 Va. App. 56, 64 , 608 S.E.2d 504, 508 (2005) (quoting Pysell v. Keck, 263 Va. 457, 460 , 559 S.E.2d 677, 678 (2002)

2015Although wife does not abandon her argument raised in the first two assignments of error that the PSA is invalid and unenforceable, she argues here in the alternative that the award of attorneys’ fees and costs was not supported by the terms of the PSA. “‘Marital property settlements . . . are contracts subject to the rules of construction applicable to contracts generally, including the application of the plain meaning of unambiguous contractual terms.’” Rutledge v. Rutledge, 45 Va. App. 56, 64 , 608 S.E.2d 504, 508 (2005) (quoting Pysell v. Keck, 263 Va. 457, 460 , 559 S.E.2d 677, 678 (2002)

11
Pysell v. Keckgreen
va · 2002 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015Although wife does not abandon her argument raised in the first two assignments of error that the PSA is invalid and unenforceable, she argues here in the alternative that the award of attorneys’ fees and costs was not supported by the terms of the PSA. “‘Marital property settlements . . . are contracts subject to the rules of construction applicable to contracts generally, including the application of the plain meaning of unambiguous contractual terms.’” Rutledge v. Rutledge, 45 Va. App. 56, 64 , 608 S.E.2d 504, 508 (2005) (quoting Pysell v. Keck, 263 Va. 457, 460 , 559 S.E.2d 677, 678 (2002)

2015Although wife does not abandon her argument raised in the first two assignments of error that the PSA is invalid and unenforceable, she argues here in the alternative that the award of attorneys’ fees and costs was not supported by the terms of the PSA. “‘Marital property settlements . . . are contracts subject to the rules of construction applicable to contracts generally, including the application of the plain meaning of unambiguous contractual terms.’” Rutledge v. Rutledge, 45 Va. App. 56, 64 , 608 S.E.2d 504, 508 (2005) (quoting Pysell v. Keck, 263 Va. 457, 460 , 559 S.E.2d 677, 678 (2002)

11
Jackson v. Virginiared
scotus · 1979 · cited in 1 Virginia opinions naming this issue, 2012–2012
1 sentence

2012BACKGROUND 1 When considering the sufficiency of the evidence following a jury verdict, we must determine “‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’” Maxwell v. Commonwealth, 275 Va. 437, 442 , 657 S.E.2d 499, 502 (2008) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)).

11
Maxwell v. Com.green
va · 2008 · cited in 1 Virginia opinions naming this issue, 2012–2012
2 sentences

2012BACKGROUND 1 When considering the sufficiency of the evidence following a jury verdict, we must determine “‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’” Maxwell v. Commonwealth, 275 Va. 437, 442 , 657 S.E.2d 499, 502 (2008) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)).

2012BACKGROUND 1 When considering the sufficiency of the evidence following a jury verdict, we must determine “‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’” Maxwell v. Commonwealth, 275 Va. 437, 442 , 657 S.E.2d 499, 502 (2008) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Fitzgerald v. Bass green
vactapp · 1988
2 sentences

2011Nor is it this Court’s “function to comb through the record . . . in order to ferret-out for ourselves the validity of [appellant’s] claims.” Fitzgerald v. Bass, 6 Va. App. 38 , 56 n.7, 366 S.E.2d 615 , 625 n.7 (1988) (en banc). -3- We find that father’s failure to comply with Rule 5A:20(e) is significant, so we will not consider the first two assignments of error.

2011Nor is it this Court’s “function to comb through the record . . . in order to ferret-out for ourselves the validity of [appellant’s] claims.” Fitzgerald v. Bass, 6 Va. App. 38 , 56 n.7, 366 S.E.2d 615 , 625 n.7 (1988) (en banc). -3- We find that father’s failure to comply with Rule 5A:20(e) is significant, so we will not consider the first two assignments of error.

22011–2011
Allen v. Commonwealth green
va · 1921
2 sentences

1922The said indictment and each count thereof does not inform the defendant of the nature and causes of the charges against him and is therefore in conflict with the fourteenth amendment of the Constitution of the United States declaring that no person can be deprived of his liberty without due process of law.” [1,2] The first two assignments of error were fully considered by this court and overruled in Allen v. Commonwealth, 129 Va. 723 , 105 S. E. 589 , and need not be further noticed.

1922The said indictment and each count thereof does not inform the defendant of the nature and causes of the charges against him and is therefore in conflict with the fourteenth amendment of the Constitution of the United States declaring that no person can be deprived of his liberty without due process of law.” [1,2] The first two assignments of error were fully considered by this court and overruled in Allen v. Commonwealth, 129 Va. 723 , 105 S. E. 589 , and need not be further noticed.

11922–1922

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 59 (1934–2025) OR 11 (1962–2024) LA 11 (1976–2024) VA 7 (1922–2021) NE 7 (1965–2017) TN 6 (1927–1978) OK 5 (1907–1988) AL 4 (1850–1962) PA 3 (1905–1946) WV 2 (2013–2019) WA 2 (1909–1923)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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