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Granted Appeal Summary

Case

LINDA LEE ALEXANDER v. DAVID COBB (Record Number 181613)

From

The Circuit Court of Bath County; J.E. Wetsel, Jr., Judge.

Counsel

Robert J. Test for appellant. Melisa G. Michelsen (Litten & Sipe L.L.P.) for appellee.

Assignment of Error

The trial court erred in not granting the Plaintiff/Petitioner\\u2019s Motion for Declaratory Judgment, instead ruling that the real property that is the subject matter of this case, belonged to the Defendant/Respondent (a 25% interest) and to the Plaintiff/Petitioner (a 75% interest). The Plaintiff/Petitioner claims a full ownership interest in the properties.

The Petitioner relies upon the ruling of the Alexandria Circuit Court, Lisa Kemler, Judge, in an order entered on October 27, 2011, as determinative of ownership of the properties and the rights of the parties. The trial court erred in not following that ruling, but instead determined that a subsequent order, issued by Judge Humes Franklin and entered on December 15, 2015, in the Bath County Circuit Court, was controlling in determining the ownership of the property.

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181613.pdf

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