On September, 23, 2009, Avery T. “Sandy” Waterman, Jr., Esq. again prevailed on a Motion to Compel in Circuit Court for York County in Routson v. Routson, No. CL09-002283-0. In that special case, the Court ruled St. Luke’s United Methodist Church was required to produce all attendance and donation materials responsive to a Subpoena Duces Tecum.
On September 22, 2009, Avery T. "Sandy" Waterman, Jr., Esq. again prevailed before the Virginia Court of Appeals, as it denied the Petition for Rehearing En Banc of Reverend Carr. That renders the decisions adverse to him in this special case of the appellate court and the trial court before it final and unappealable.
This special case is Ricky E. Carr v. Joanne O. Carr, No. 0096-09-1. It still is pending in Circuit Court for the City of Hampton.
On September 16, 2009, Newport News Circuit Court denied a Motion to Dismiss in a medical malpractice case of first impression, Andleton v. Connolly, No. 31197. It construed Va. Code Ann. §8.01-335(B).
Section 8.01-335(B) permits reinstatement of a plaintiff’s case within one year of its dismissal under that statute for three-plus years of inactivity. In Andleton, the Court made new law in holding that the claimant was entitled to reinstate within one year of dismissal under §8.01-335(B) even though the statute of limitation for filing the underlying medical malpractice claim had run at the time.
On September 3, 2009, Avery T. “Sandy” Waterman, Jr., Esq., prevailed on pending Motions in Circuit Court for York County. The lead special case is Gary W. Routson v. Helen E. Routson, No. CL09-002283-00, and its companion case is Helen E. Routson v. Gary W. Routson, No. CL09-002620-00.
The Court ruled that the two special cases should be consolidated. It also ruled that Gary W. Routson entitled to discover records from the out-of-state employer and bank of Helen E. Routson’s betrothed.