Opinion
Record No. 1188-94-1
Decided: March 7, 1995
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, Kenneth N. Whitehurst, Jr., Judge
(Bartley F. Tuthill, IV, on brief), for appellant.
No brief for appellee.
Present: Judges Barrow, Koontz and Bray
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Robert W. Miles (husband) appeals the decision of the circuit court denying his request for a reduction in the monthly spousal support he pays Constance M. Miles (wife). Husband asserts that the trial court's ruling denying his request for a reduction in spousal support was not supported by the evidence. Husband also asserts that the trial court failed to consider or correctly apply the statutory factors found at Code Sec. 20-107.1. Upon reviewing the record and husband's opening brief, we conclude that this appeal is without merit. Accordingly, we summarily affirm the decision of the trial court. Rule 5A:27.
"No ruling of the trial court . . . will be considered as a basis for reversal unless the objection was stated together with the grounds therefor at the time of the ruling." Rule 5A:18. The Court of Appeals will not consider an argument on appeal which was not presented to the trial court. Jacques v. Commonwealth, 12 Va. App. 591, 593, 405 S.E.2d 630, 631 (1991).
The order from which this appeal is taken was endorsed by husband's counsel "Seen and objected to." The written statement of facts recites certain evidentiary matters, but does not indicate that husband raised the arguments which form the basis for his appeal. "We cannot assume that appellant's objection and reasons were proffered but not made a part of the record. Rule 5A:8 requires appellant to present a complete transcript for this Court to consider his or her issues on appeal." Lee v. Lee, 12 Va. App. 512, 516, 404 S.E.2d 736, 738 (1991) (reh'g en banc). Accordingly, Rule 5A:18 bars our consideration of these questions on appeal. Moreover, the record does not reflect any reason to invoke the good cause or ends of justice exceptions to Rule 5A:18.
Affirmed.