#Sample motion to dismiss virginia trial#

MacKinnon filed an appeal to this Court, challenging the final order appointing Mercer as the guardian for Eleanor. The Court bifurcated the issue of conservatorship on the grounds that it necessarily touched on the rights of Clifton, and therefore the Court required input from a separate guardian ad litem who it appointed to represent him.

#Sample motion to dismiss virginia trial#

Following a trial on the merits, the Prince William County Circuit Court appointed Mercer as the guardian for Eleanor. MacKinnon never challenged the jurisdiction of the Prince William County Circuit Court and appeared in that court regularly, by counsel and in person. Both Mercer and MacKinnon were required to provide regular accountings to a guardian ad litem appointed by the Court. The court entered an interim order granting Mercer control over certain assets and granting MacKinnon control over other assets and bank accounts. Mercer and MacKinnon each filed petitions with the Prince William County Circuit Court seeking to be appointed as the guardian and conservator for Eleanor. MacKinnon also used the power of attorney to have herself named as the death beneficiary on at least one of the couple’s bank accounts.

MacKinnon thus took control of Eleanor’s retirement accounts. MacKinnon then used this power of attorney to remove Clifton’s name from one or more bank accounts that had been jointly held by Eleanor and Clifton. This power of attorney named MacKinnon as the attorney-in-fact for Eleanor. While in Virginia, MacKinnon had a new power of attorney drawn up for Eleanor. In December 2014, MacKinnon traveled to Virginia and, while Mercer was occupied with settling Clifton in a nursing home facility, removed Eleanor to Canada. In 2014, Mercer served as the primary caretaker for Clifton and Eleanor. Lori-Belle MacKinnon, a Canadian citizen and resident, is Eleanor’s niece.

Eleanor was a dual citizen of the United States and Canada. Mercer is the daughter of Clifton Wood and the step-daughter of Eleanor Grace Wood. BACKGROUND The facts are drawn from the allegations in the complaint. Consequently, we will affirm the judgment below. We conclude that the facts do not establish personal jurisdiction over the defendant under the only basis presented to us, the “persistent course of conduct” clause of Virginia’s long arm statute.

Sincavage, Judge Virginia Lynn Mercer appeals from a judgment of the Circuit Court of Loudoun County granting a motion to dismiss for lack of personal jurisdiction. LORI-BELLE MacKINNON FROM THE CIRCUIT COURT OF LOUDOUN COUNTY Stephen E. PRESENT: All the Justices VIRGINIA LYNN MERCER, ADMINISTRATOR OF THE ESTATE OF CLIFTON WOOD v. The Supreme Court affirmed, holding that the circuit court did not err in ruling that Defendant did not engage in a persistent course of conduct in the forum jurisdiction and was not therefore subject to the circuit court’s in personam jurisdiction. The circuit court indicated that section 8.01-328.1(A)(4) constituted the only viable ground for personal jurisdiction over Defendant and that the facts did not support a finding that Defendant engaged in a “persistent course of conduct” in Virginia. Defendant filed a motion to dismiss for lack of personal jurisdiction by special appearance. Plaintiff filed a complaint in the Circuit Court of Loudoun County against Defendant, alleging that Defendant had illegal used asserts from accounts belonging to others to fund certain litigation. The Supreme Court affirmed the judgment of the circuit court granting Defendant’s motion to dismiss for lack of personal jurisdiction, holding that the facts did not establish personal jurisdiction under the basis presented to the court, the “persistent course of conduct” clause of Virginia’s long arm statute, Va.