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6 Virginia opinions name it 1 courts 2002–2023 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.
| Case | Followed | Cited |
|---|---|---|
Edy Canales v. Marvin Alejandro Torres Orellanagreen1 sentence2023If “a trial court is aware of a litigant’s legal position and the litigant did not expressly waive such arguments, the arguments remain preserved for appeal.” Canales v. Torres Orellana, 67 Va. App. 759, 771 (2017) (en banc) (quoting Brown v. Commonwealth, 279 Va. 210 , 217 (2010)). | 1 | 1 |
West v. Westgreen2 sentences2015On April 29, 2014, this Court “remand[ed] this case to the trial court for determination and award of the appropriate appellate attorney’s fees and costs, which also should include any additional attorney’s fees and costs incurred at the remand hearing.” Youngson v. Brautigam, Record No. 1205-13-4 (Va. Ct. App. Apr. 29, 2014). “‘It is indisputable that a lower court generally is bound to carry the mandate of the upper court into execution and [may] not consider the questions which the mandate laid at rest.’” West -4- v. West, 59 Va. App. 225, 232 , 717 S.E.2d 831, 834 (2011) (quoting United St 2015On April 29, 2014, this Court “remand[ed] this case to the trial court for determination and award of the appropriate appellate attorney’s fees and costs, which also should include any additional attorney’s fees and costs incurred at the remand hearing.” Youngson v. Brautigam, Record No. 1205-13-4 (Va. Ct. App. Apr. 29, 2014). “‘It is indisputable that a lower court generally is bound to carry the mandate of the upper court into execution and [may] not consider the questions which the mandate laid at rest.’” West -4- v. West, 59 Va. App. 225, 232 , 717 S.E.2d 831, 834 (2011) (quoting United St | 1 | 1 |
United States v. George Robert Bellgreen1 sentence2015On April 29, 2014, this Court “remand[ed] this case to the trial court for determination and award of the appropriate appellate attorney’s fees and costs, which also should include any additional attorney’s fees and costs incurred at the remand hearing.” Youngson v. Brautigam, Record No. 1205-13-4 (Va. Ct. App. Apr. 29, 2014). “‘It is indisputable that a lower court generally is bound to carry the mandate of the upper court into execution and [may] not consider the questions which the mandate laid at rest.’” West -4- v. West, 59 Va. App. 225, 232 , 717 S.E.2d 831, 834 (2011) (quoting United St | 1 | 1 |
Adam H. Fox v. Jessica C. Foxgreen2 sentences2014See Fox v. Fox, 61 Va.App. 185, 208 , 734 S.E.2d 662, 673 (2012). 2014See Fox v. Fox, 61 Va.App. 185, 208 , 734 S.E.2d 662, 673 (2012). | 1 | 1 |
SEARLES'ADM'R v. Gordon's Adm'rgreen2 sentences2004This rule has long applied “where the question raised on the second appeal was necessarily involved in the first appeal, whether actually adjudicated or not.” Searles’ Adm’r v. Gordon’s Adm’r, 156 Va. 289, 296 , 157 S.E. 759, 761 (1931) (quoting Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620 , 93 S.E. 684, 687 (1917)); Kaufman, 12 Va. App. at 1208 , 409 S.E.2d at 6 . 4 During the remand hearing, Mr. Scott sought to introduce into evidence “official copies from the San Diego Assessor’s office” that he suggested would show the amount of the condo’s appreciation during the relevant time per 2004This rule has long applied “where the question raised on the second appeal was necessarily involved in the first appeal, whether actually adjudicated or not.” Searles’ Adm’r v. Gordon’s Adm’r, 156 Va. 289, 296 , 157 S.E. 759, 761 (1931) (quoting Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620 , 93 S.E. 684, 687 (1917)); Kaufman, 12 Va. App. at 1208 , 409 S.E.2d at 6 . 4 During the remand hearing, Mr. Scott sought to introduce into evidence “official copies from the San Diego Assessor’s office” that he suggested would show the amount of the condo’s appreciation during the relevant time per | 1 | 1 |
Steinman v. Clinchfield Coal Corp.green2 sentences2004This rule has long applied “where the question raised on the second appeal was necessarily involved in the first appeal, whether actually adjudicated or not.” Searles’ Adm’r v. Gordon’s Adm’r, 156 Va. 289, 296 , 157 S.E. 759, 761 (1931) (quoting Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620 , 93 S.E. 684, 687 (1917)); Kaufman, 12 Va. App. at 1208 , 409 S.E.2d at 6 . 4 During the remand hearing, Mr. Scott sought to introduce into evidence “official copies from the San Diego Assessor’s office” that he suggested would show the amount of the condo’s appreciation during the relevant time per 2004This rule has long applied “where the question raised on the second appeal was necessarily involved in the first appeal, whether actually adjudicated or not.” Searles’ Adm’r v. Gordon’s Adm’r, 156 Va. 289, 296 , 157 S.E. 759, 761 (1931) (quoting Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620 , 93 S.E. 684, 687 (1917)); Kaufman, 12 Va. App. at 1208 , 409 S.E.2d at 6 . 4 During the remand hearing, Mr. Scott sought to introduce into evidence “official copies from the San Diego Assessor’s office” that he suggested would show the amount of the condo’s appreciation during the relevant time per | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. Com.
green
1 sentence2023If “a trial court is aware of a litigant’s legal position and the litigant did not expressly waive such arguments, the arguments remain preserved for appeal.” Canales v. Torres Orellana, 67 Va. App. 759, 771 (2017) (en banc) (quoting Brown v. Commonwealth, 279 Va. 210 , 217 (2010)). | 1 | 2023–2023 |
L.G. v. Amherst County Department of Social Services
green
1 sentence2004We remanded for the trial court “to consider [the mother’s] progress, not only during the twenty-one-month period prior to the August 2002 trial court [termination] hearing but also through the time of the remand hearing.” Id. | 1 | 2004–2004 |
Kaufman v. Kaufman
green
2 sentences2004This rule has long applied “where the question raised on the second appeal was necessarily involved in the first appeal, whether actually adjudicated or not.” Searles’ Adm’r v. Gordon’s Adm’r, 156 Va. 289, 296 , 157 S.E. 759, 761 (1931) (quoting Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620 , 93 S.E. 684, 687 (1917)); Kaufman, 12 Va. App. at 1208 , 409 S.E.2d at 6 . 4 During the remand hearing, Mr. Scott sought to introduce into evidence “official copies from the San Diego Assessor’s office” that he suggested would show the amount of the condo’s appreciation during the relevant time per 2004This rule has long applied “where the question raised on the second appeal was necessarily involved in the first appeal, whether actually adjudicated or not.” Searles’ Adm’r v. Gordon’s Adm’r, 156 Va. 289, 296 , 157 S.E. 759, 761 (1931) (quoting Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620 , 93 S.E. 684, 687 (1917)); Kaufman, 12 Va. App. at 1208 , 409 S.E.2d at 6 . 4 During the remand hearing, Mr. Scott sought to introduce into evidence “official copies from the San Diego Assessor’s office” that he suggested would show the amount of the condo’s appreciation during the relevant time per | 1 | 2004–2004 |
Pellegrin v. Pellegrin
green
2 sentences2002Because wife successfully defended against Pellegrin's attempt to enforce the provisions of the PSA requiring imputation of income, see id. at 759-61 , 525 S.E.2d at 613-15 , we affirm this award. 2002Because wife successfully defended against Pellegrin's attempt to enforce the provisions of the PSA requiring imputation of income, see id. at 759-61 , 525 S.E.2d at 613-15 , we affirm this award. | 1 | 2002–2002 |
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.
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.