Podcasts Government Oral Arguments of the Supreme Court of Virginia November 2019 - Jackson v Jackson

November 2019 - Jackson v Jackson

Published: Nov. 30, 2019, 11:11 p.m.

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This podcast is provided by Ben Glass and Steve Emmert

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www.BenGlassReferrals.com - www.Virginia-Appeals.com

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Granted Appeal Summary

Case

MARIE DOLORES JACKSON v. DENNIS MICHAEL JACKSON (Record Number 181229) From The Court of Appeals of Virginia.

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Counsel

Amy N. Tobias and Claire Salitsky (Dougherty Tobias Iszard Northern Virginia Law, P.C.) for appellant. Thomas Woehrle (Woehrle Dahlberg Jones Yao, PLLC) for appellee.

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Assignments of Error

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  1. The Court of Appeals erred when it held that the trial court did not have jurisdiction to enter an amended retirement order to effectuate the intent of the Final Order of Divorce pursuant to Virginia Code Section 20-107.3(K)(4) because the Court of Appeals should have found that the parties intended that the consent Order Dividing Military Pension be an order of implementation and not an order modifying the Final Order of Divorce.

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  1. The Court of Appeals erred when it held that the Virginia Code Section 20-107.3(K)(4)\\u2019s reservation of authority is limited and applies only to purely ministerial acts to modify orders so they are enforceable as there is no language in the statute limiting the jurisdiction granted thereunder in this way.

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  1. The Court of Appeals erred when it held that the jurisdiction granted under Virginia Code Section 20-107.3(K)(4) does not apply while the trial court retains control over the final order of divorce pursuant to Rule 1:1 of the Rules of the Supreme Court of Virginia.

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Source Document: http://www.courts.state.va.us/courts/scv/appeals/181229.pdf

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