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Carlton v. Paxton

Court of Appeals of Virginia
Oct 20, 1992
15 Va. App. 265 (Va. Ct. App. 1992)

Summary

reversing a judgment where the record did not show strict compliance with the statute

Summary of this case from Powell v. Commonwealth

Opinion

48232

October 20, 1992.

Laurence A. Mann for appellant.

J. Gregory Mooney (Collins Mooney, on briefs), for appellee William Lewis Paxton, Jr.

Before Chief Judge Koontz, Judges Baker, Barrow, Benton, Coleman, Moon, Willis, Elder, Bray and Fitzpatrick


On March 17, 1992, a panel of this Court reversed and remanded the trial court's order dismissing Richard Carlton's bill of complaint. 14 Va. App. 105, 415 S.E.2d 600 (1992). A dissenting opinion was filed in the panel decision. Carlton's petition for rehearing en banc was granted and heard on September 23, 1992. For the reasons stated in the panel's majority opinion, the decision of the trial court is reversed and the matter is remanded to the Circuit Court of Alleghany County.

Judge Barrow and Judge Willis would affirm the trial court's decision for the reasons stated in the dissenting opinion of the original panel decision.

This order shall be published and certified to the trial court.

Reversed and remanded.


Summaries of

Carlton v. Paxton

Court of Appeals of Virginia
Oct 20, 1992
15 Va. App. 265 (Va. Ct. App. 1992)

reversing a judgment where the record did not show strict compliance with the statute

Summary of this case from Powell v. Commonwealth
Case details for

Carlton v. Paxton

Case Details

Full title:Richard Carlton, Appellant, v. William Lewis Paxton, Jr. and Angela…

Court:Court of Appeals of Virginia

Date published: Oct 20, 1992

Citations

15 Va. App. 265 (Va. Ct. App. 1992)
422 S.E.2d 423

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