Virginia's Judicial System


Appeals Granted


Case

DONALD M. DEVINE, JR. v. CHARLES Z. BUKI AND KIMBERLY A. MARSHO
(Record Number 140301)

From

The Circuit Court of Northumberland County; H. Taliaferro, III, Judge.

Counsel

Jon F. Mains (Jon F. Mains & Associates, L.L.C.) for apellant.

A. Davis Bugg, Jr. and Albert D. Bugg, III (Rumsey & Bugg, P.C.) for appellees.

Assignments of Error

  1. The lower court lacked the jurisdiction to enter a decree against Mr. Devine.
  2. The trial court erred when it awarded rescission because Appellees' allegations and evidence did not as a matter of law establish the fraud necessary for such an award.
  3. The trial court erred when it awarded Appellees consequential damages and attorneys fees.
  4. The trial court erred when it awarded pre-judgment interest on the sales price that it ordered refunded to Appellees.

Assignments of Cross-Error

  1. The trial court erred in ruling that the VCPA does not apply and in vacating the doubling of damages.
  2. Having ruled that the VCPA does not apply, the trial court erred in not awarding punitive damages for Devine's willful fraud.

Date Granted

  05-30-2014