NORTHERN VIRGINIA REAL ESTATE v. MARTINS

Record Nos. 101836, 101844.

720 S.E.2d 121 (2012)

283 Va. 86

NORTHERN VIRGINIA REAL ESTATE, INC., et al. v. Karen MARTINS, et al. Forrest Walpole v. Karen Martins, et al.

Supreme Court of Virginia.

January 13, 2012.


Attorney(s) appearing for the Case

Kevin M. Rose ( Lindsay C. Brubaker ; BotkinRose, Harrisonburg, on briefs), for appellants Northern Virginia Real Estate, Inc., et al.

Sean C. E. McDonough , Alexandria ( David D. Hudgins ; Reese A. Pearson ; Hudgins Law Firm, on briefs), for appellant Forrest Walpole.

Michael W. Tompkins , Alexandria (Rich Rosenthal Brincefield Manitta Dzubin & Kroeger, on brief), for appellees David Gavin and Donna M. Gavin.

Mikhael D. Charnoff ( Sands Anderson , McLean, on brief), for appellees Karen Martins and McEnearney Associates, Inc.

Amicus Curiae: Virginia Trial Lawyers Association ( Roger T. Creager ; Mary Lynn Tate ; Creager Law Firm, Richmond; Tate Law, Abingdon, on brief), in support of appellants.

Present: All the Justices.


Opinion By Justice DONALD W. LEMONS.

In these appeals, we consider whether the Circuit Court of Fairfax County erred when it imposed sanctions, pursuant to Code § 8.01-271.1, against Northern Virginia Real Estate, Inc. ("NVRE"), its principal broker, Lauren Kivlighan ("Kivlighan"), and their counsel, Forrest Walpole ("Walpole").

I. Facts and Proceedings Below1

In July 2007, NVRE and Kivlighan (together, "the plaintiffs...

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