September 2020 Sheehy v. Williams (Argued Together)

Published: Oct. 1, 2020, 1:28 p.m.

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Granted Appeal Summary

Case

KERRY ANN SHEEHY v. RENEE WILLIAMS (Record Number 190802) From

From

the Circuit Court of the City of Virginia Beach; J. Lewis, Judge.

Counsel

Brandon H. Zeigler and Kellam T. Parks (Parks Zeigler, PLLC) for appellant. Kevin E. Martingayle (Bischoff Martingayle, P.C.) for appellee.

Assignments of Error

  1. The trial court erred as a matter of law in interpreting Virginia Code \\xa7 8.01-40.4 when it awarded compensatory and punitive damages solely on proof of intentional conduct without Respondent producing any evidence of such damages.
  2. The trial court erred in finding Respondent had sufficiently proved all the elements of Va. Code \\xa718.2-386.2, where she failed to prove the dissemination at issue was \\u201cmalicious\\u201d and that it was done with the \\u201cintent to coerce, harass, or intimidate.\\u201d
  3. The trial court erred in allowing Respondent to argue contrary to the testimony of Richard Garriott, a witness Respondent sponsored, and whose testimony was uncontradicted by any other evidence.

http://www.courts.state.va.us/courts/scv/appeals/190802.pdf

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Granted Appeal Summary

Case

KERRY ANN SHEEHY v. RENEE WILLIAMS (Record Number 191089)

From

the Circuit Court of the City of Virginia Beach; J. Lewis, Judge.

Counsel

Brandon H. Zeigler and Kellam T. Parks (Parks Zeigler, PLLC) for appellant. Kevin E. Martingayle (Bischoff Martingayle, P.C.) for appellee.

Assignment of Error

The trial court erred as a matter of law in awarding Respondent attorney\\u2019s fees because there was no legal basis for the damages award, and therefore, no basis for the fees award.

http://www.courts.state.va.us/courts/scv/appeals/191089.pdf

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