This podcast is provided by Ben Glass and Steve Emmert
www.BenGlassReferrals.com - www.Virginia-Appeals.com
Granted Appeal Summary
Case
CARLA G. COLEMAN v. WESTWOOD BUILDINGS LIMITED PARTNERSHIP
(Record Number 191475)
From
The Circuit Court of Fairfax County; D. Bernhard, Judge.
Counsel
Kevin E. Smith (Law Office of Kevin E. Smith) for appellant.
Mathew D. Ravencraft and Louise T. Gitcheva (Rees Broome, PC) for appellee.
Assignments of Error
1. The lower court erred in failing to clearly identify what transfers violated the fraudulent conveyance statute and what transfers violated the voluntary conveyance statute and awarding
identical in personam judgments in the amount of $380,864.91 for each yet finding them jointly and severally liable for a total global sum of $478,220.69.
2. The lower court erred in holding Appellant liable for Appellee’s conversion claim against Mr. Grayson individually when it subsequently included it in the total global sum that could be collected.
3. The lower court erred as a matter of law in awarding attorney’s fees and sanctions in a case that is not a fraud case, where the court found there is no “pattern of misconduct” of “callous, deliberate, deceitful acts,” and where the plaintiff had not elected to proceed exclusively in equity, all in violation of this Court’s recent holding in MCR Federal, LLC v. JB&A, Inc., 294 Va. 446 (2017), as well as being contrary to the plain meaning of Va. Code § 55¬82.1, especially where a claim for such sanctions were never pled, briefed, noticed for a hearing, or timely requested.
4. The trial court erred in finding Appellant liable as a participant as a transferee in violation of the plain meaning of those terms as laid out in La Bella Dona Skin Care, Inc. v. Belle Femme Enterprises, LLC when she never personally received any of the fraudulent transfers or had signatory authority and/or ownership interest on any of the bank accounts where such transfers were deposited as well as for deposits of negotiable instruments made out to G&K, K&A, and GLC she was required to make as part of her job regarding payments received by G&K, K&A,
GLC and Grayson.
This podcast is brought to you by Virginia Injury and Disability law firm, Ben Glass Law.
Real legal help for real people
Your life has been disrupted. You have good doctors and they support you. Your personal injury or long-term disability claim seems like a slam dunk. But there’s a problem: The insurance company doesn’t believe you. “You can’t be hurt that bad! Our medical experts say you’re fine.”
You need a trusted advocate who can uncover all the facts, tell your story to the skeptical insurance company, and get you the money you deserve. You don’t have to do this alone. Contact our Virginia personal injury and long-term disability lawyers today for a free consultation or denial letter review.
This podcast is provided by Ben Glass and Steve Emmert
www.BenGlassReferrals.com - www.Virginia-Appeals.com
Granted Appeal Summary
Case
CARLA G. COLEMAN v. WESTWOOD BUILDINGS LIMITED PARTNERSHIP
(Record Number 191475)
From
The Circuit Court of Fairfax County; D. Bernhard, Judge.
Counsel
Kevin E. Smith (Law Office of Kevin E. Smith) for appellant.
Mathew D. Ravencraft and Louise T. Gitcheva (Rees Broome, PC) for appellee.
Assignments of Error
1. The lower court erred in failing to clearly identify what transfers violated the fraudulent conveyance statute and what transfers violated the voluntary conveyance statute and awarding
identical in personam judgments in the amount of $380,864.91 for each yet finding them jointly and severally liable for a total global sum of $478,220.69.
2. The lower court erred in holding Appellant liable for Appellee’s conversion claim against Mr. Grayson individually when it subsequently included it in the total global sum that could be collected.
3. The lower court erred as a matter of law in awarding attorney’s fees and sanctions in a case that is not a fraud case, where the court found there is no “pattern of misconduct” of “callous, deliberate, deceitful acts,” and where the plaintiff had not elected to proceed exclusively in equity, all in violation of this Court’s recent holding in MCR Federal, LLC v. JB&A, Inc., 294 Va. 446 (2017), as well as being contrary to the plain meaning of Va. Code § 55¬82.1, especially where a claim for such sanctions were never pled, briefed, noticed for a hearing, or timely requested.
4. The trial court erred in finding Appellant liable as a participant as a transferee in violation of the plain meaning of those terms as laid out in La Bella Dona Skin Care, Inc. v. Belle Femme Enterprises, LLC when she never personally received any of the fraudulent transfers or had signatory authority and/or ownership interest on any of the bank accounts where such transfers were deposited as well as for deposits of negotiable instruments made out to G&K, K&A, and GLC she was required to make as part of her job regarding payments received by G&K, K&A,
GLC and Grayson.
This podcast is brought to you by Virginia Injury and Disability law firm, Ben Glass Law.
Real legal help for real people
Your life has been disrupted. You have good doctors and they support you. Your personal injury or long-term disability claim seems like a slam dunk. But there’s a problem: The insurance company doesn’t believe you. “You can’t be hurt that bad! Our medical experts say you’re fine.”
You need a trusted advocate who can uncover all the facts, tell your story to the skeptical insurance company, and get you the money you deserve. You don’t have to do this alone. Contact our Virginia personal injury and long-term disability lawyers today for a free consultation or denial letter review.