Legal Opinion · Dissent

Edmunds v. CBC Enterprises, Inc.

Supreme Court of Virginia

Decided April 20, 2001No. Record 001079Published

1DissentJustice Lacy, joined by Justice Kinser and Justice Lemons

The majority concludes that plaintiff’s evidence of an equitable assignment was properly struck by the trial court because Edmunds “failed to present evidence that Snow, acting on behalf of Abatement, intended to relinquish all control of the funds.” To reach this result, the majority attempts to distinguish controlling case law and claims to apply well-established standards of appellate review, but fails on both counts.

To strike Edmunds’ evidence, the trial court in this case had to conclude that the evidence was insufficient to support a jury verdict in his favor. The trial court was…

2Cases cited5 opinions

  1. Austin v. Shoney's, Inc.Supreme Court of Virginia · 1997
  2. S. L. Nusbaum & Co. v. Atlantic Virginia Realty Corp.Supreme Court of Virginia · 1966
  3. Virginia Machinery & Well Co. v. Hungerford Coal Co.Supreme Court of Virginia · 1944
  4. Waters v. Safeway Stores, Inc.Supreme Court of Virginia · 1993
  5. Alexander Building Construction, Inc. v. Richmond Plumbing & Heating Supplies, Inc.Supreme Court of Virginia · 1973

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