Articles Posted in Supreme Court of Virginia

by
Moonlight Enterprises LLC filed a legal malpractice action against attorneys Francis Mroz and Stephen Zachary. The circuit court granted the attorneys’ pleas in bar and dismissed them both on statute of limitations grounds and, alternatively, dismissing Mroz on the basis of res judicata. The Supreme Court affirmed in part and reversed in part, holding that, on the statute of limitations grounds, the circuit court incorrectly found that the continuous-representation rule did not toll Moonlight’s malpractice claims against Zachary but correctly found that the rule did not toll Moonlight’s claims against Mroz. Remanded. View "Moonlight Enterprises, LLC v. Mroz" on Justia Law

by
In 2003, Dumville met with attorney Thorsen to prepare her will. Thorsen understood that Dumville wanted a will that would, upon her death, convey all of her property to her mother if her mother survived her, and, if her mother predeceased her, to the Richmond Society for the Prevention of Cruelty to Animals (RSPCA). Dumville was 43 and lived with three cats, which she desired to go to the RSPCA upon her death. Thorsen prepared, and Dumville executed, the will. She died in 2008, her mother having predeceased her. Thorsen, as co-executor of the estate, notified the RSPCA that it was the sole beneficiary of Dumville’s estate. Thorsen was informed that, in the opinion of the title insurance company, the will left only the tangible estate, not real estate, to the RSPCA. Thorsen brought suit in a collateral proceeding to correct this “scrivener’s error” based on Dumville’s clear original intent. The court found the language unambiguously limited the RSPCA bequest to tangible personal property, while the intangible estate passed intestate to Dumville’s heirs at law. The RSPCA received $72,015.60, but the bequest, less expenses, would have totaled $675,425.50 absent the error. RSPCA sued Thorsen for negligence, as a third-party beneficiary of his contract with Dumville. The court found for the RSPCA. The Supreme Court of Virginia affirmed: RSPCA was a clearly and definitely identified third-party beneficiary. View "Thorsen v. Richmond Soc'y for Prevention of Cruelty to Animals" on Justia Law