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Use of the term shall in a statute is generally construed as directory rather than mandatory and, consequently, no specific, exclusive remedy applies unless the statute manifests a contrary intent.
The only remedy petitioner sought from the circuit court a dismissal with prejudice was not required as a matter of law.
Therefore, the circuit court erred in dismissing this case on the ground that plaintiff did not timely file his notice of tort claim.
The judgment is reversed and the case is remanded for further proceedings. Hawkins 12/28/2017 A judgment in favor of four plaintiffs in a premises liability action against the owner of an apartment building, and its management company, for carbon monoxide poisoning is reversed.
In this case, the brother is not a beneficiary under either the will or the trust, and neither his entitlement to compensation as executor and trustee, nor his power as trustee to choose beneficiaries of certain trust property make him a beneficiary.
The uncertain and contingent possibility that the brother might divert and distribute trust property to himself does not make him a beneficiary.
He did not claim the delay in any way prejudiced his defense of the SVPA petition.
The circuit court did not abuse its discretion in refusing to dismiss the SVPA petition, and its ultimate determination that respondents status as a sexually violent predator required involuntary, secure inpatient treatment because no suitable less restrictive alternative existed, is not disturbed. Commonwealth 12/28/2017 In an appeal from conviction for unreasonable refusal to submit a breath test in violation of Code 18.2-268.3, the judgment is affirmed.
The ultimate issues of fact in a prior larceny trial, in which the defendant was acquitted, were different from those in the present perjury trial.The judgment is affirmed in part, reversed in part, and final judgment is entered on this appeal. Divito 12/14/2017 In a proceeding to review a clerks decision to deny probate to a handwritten notation on a tab-divider in a binder of estate planning documents, the record in this case supports the circuit courts rulings that the holographic writing was not signed in the manner required by Code 64.2-403(A), and the proponent failed to show that it is manifest that the decedents initials were intended as his.The record also supports the circuit courts conclusion that the proponent did not prove by clear and convincing evidence that the writing was intended as a codicil or executed with testamentary intent under Code 64.2-404.A separate statute, Code 8.01-195.3(7), provides that the time for filing a notice of tort claim is tolled during the pendency of grievance procedures, which must be exhausted prior to commencing an action.Here, the claimant initiated the grievance procedure three days after the incident in which it is alleged he was injured, and after notification by the Department of Corrections that his grievance was denied and that he had exhausted all administrative remedies he filed a notice of claim within the one-year period as required by Code 8.01-195.6(A).
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The implied consent law also does not violate the Virginia Constitution. Where an income tax return has not been filed by the return date on the writ of fieri facias, any potential income tax refunds are not in possession of or under the control of the debtor for purposes of Code 8.01-501 and Code 8.01-507.