Legal Opinion

Rafalko v. Georgiadis

Supreme Court of Virginia

Decided November 5, 2015No. Record 141533Published

1Dissent · MimsJustice Mims

I disagree with the majority's conclusion that no assignment of error challenges the circuit court's ruling that the no-contest clause applied only to the changes made in the September 2012 amendment. To the contrary, I believe the trustee presents that challenge in her third assignment of error. I also disagree with the majority's conclusion that the evidence supports the circuit court's judgment that the trustee's decision to disqualify Paul and Basil Georgiadis ("the sons") for violating the no-contest clause was improper. Accordingly, I disagree with the majority's decision to affirm the…

Also in this document: Dissent · Kelsey.

2Cases cited27 opinions

  1. Williams v. Dominion Technology Partners, L.L.C.Supreme Court of Virginia · 2003
  2. Perry v. Com.Supreme Court of Virginia · 2010
  3. Smithsonian Institution v. MeechSupreme Court of the United States · 1898
  4. Potts v. Mathieson Alkali WorksSupreme Court of Virginia · 1935
  5. Ted Lansing Supply Co. v. Royal Aluminum & Construction Corp.Supreme Court of Virginia · 1981

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