Nov 18, 2020
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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.