May 6, 2020
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Granted Appeal Summary
G. NELSON MACKEY, JR. v. HARRIOTTE DODSON MCDANNALD, EXECUTRIX
OF THE ESTATE OF E. GRIFFITH DODSON, JR., ET AL. (Record Number
The Circuit Court of the City of Roanoke; H. Franklin, Jr.,
Timothy E. Kirtner (Gilmer, Sadler, Ingram, Sutherland, &
Hutton) for appellant.
James J. O’Keeffe, IV (Johnson, Rosen, & O’Keeffe, LLC); Anthony M. Segura and Arthur P. Strickland (Strickland, Diviney & Segura); and Matt J. O’Herron (O’Herron Law PLLC) for appellees.
Assignments of Error
1. The trial court erred in holding, pursuant to § 8.01-229(D) of the Code of Virginia, that the statute of limitations applicable to Appellees’ conversion claims was tolled by Appellant’s alleged statement to Quinn, which occurred before Appellant had committed any allegedly wrongful or tortious act and before any cause of action arose.
2. The trial court erred in finding that Appellant committed an affirmative act or misrepresentation intended to conceal the conversion claims.
3. The trial court erred in applying § 8.01-229(D) to Urso’s and McDannald’s claims based upon a statement that was not directed to them or communicated to them.
4. The trial court erred in concluding that the stock and case [sic] were not assets of the firm of Dodson, Pence, Viar, Woodrum & Mackey.
5. The trial court erred in finding for the Appellees on their conversion claims where Appellees failed to prove they had a current possessory interest in the stock and cash at the time it was allegedly converted.