Here, the petitioners affidavit swore that all of the allegations in the petition were true and correct, except to the extent therein stated to be on information, and to such extent the petitioner believed them to be true.
The judgment is affirmed in part, reversed in part, and the matters are remanded for further proceedings. The circuit courts conclusion to the contrary is reversed.
The doctrine of judicial instructions (allowing recovery of attorney fees) has not been explicitly recognized in Virginia but, if it exists in the Commonwealth, this doctrine only applies where there is an ambiguity in the testators will or trust instruments, and here the parties agree that the residuary clause is unambiguous. Capital One Bank 04/05/2018 In a dispute over contractual provisions in a real estate purchase agreement governing the allocation of future development density rights for properties located near a new Metro rail station, the circuit court did not err in dismissing the suit brought by an assignee of certain rights of the seller against the assignee of the purchaser.
Final judgment is entered reinstating the defendants convictions for malicious wounding and use of a firearm during the commission of a malicious wounding. Any other construction would render most of the operative language meaningless.
The circuit courts conclusion to the contrary is reversed.
The complaint expressly alleges that plaintiff initiated the adoption plan, contacted the prospective adoptive parents, verbally agreed to proceed with an adoption, and executed a written agreement and consent order authorizing the adopting family to have sole physical custody of the child.