Virginia's Judicial System


Appeals Granted


Case

NANCY W. DEVINE v. CHARLES Z. BUKI AND KIMBERLY A. MARSHO
(Record Number 140305)

From

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

Counsel

Richard H. Stuart (Richard H. Stuart, P.C.) for appellant.

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

Assignments of Error

  1. Having found that the allegedly fraudulent acts of Mrs. Devine's husband cannot be constructively applied or imputed to Mrs. Devine and that the Commissioner's findings were devoid of any fraudulent conduct by Mrs. Devine, the lower court erred when it agreed with the Commissioner that Mrs. Devine could be held liable on a rescission count.
  2. No pled cause of action having been proved against Mrs. Devine, the trial court erred when it entered an award against her.
  3. The lower court erred when it entered a decree against Mrs. Devine because it had no jurisdiction over her.
  4. The lower court erred when it awarded prejudgment interest against the sum it ordered Mrs. Devine to pay 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