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Gendreau v. Gendreau

Court of Appeals of Virginia
May 10, 1994
Record No. 0376-93-4 (Va. Ct. App. May. 10, 1994)

Opinion

Record No. 0376-93-4

Decided: May 10, 1994

FROM THE FAMILY COURT OF LOUDOUN COUNTY, Jean Harrison Clements, Judge

Affirmed.

Walter C. Jacob (Walter C. Jacob, P.C., on briefs), for appellant.

(Colleen R. Gendreau, pro se, on brief). Appellee submitting on brief.

Before: Judges Baker, Barrow and Fitzpatrick


MEMORANDUM OPINION

Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.


In this appeal from decrees of divorce and equitable distribution entered by the Family Court of Loudoun County (trial court), William O. Gendreau (husband) contends that the trial court erred (1) by receiving into evidence Exhibits 17, 18 and 29, (2) in awarding Colleen Rae (King) Gendreau (wife) a percentage of his pension, (3) in setting the time wife shall begin receiving benefits from his pension, (4) in its calculation of the marital share of that pension, and (5) by retaining jurisdiction to amend its order in the final decree of divorce.

In her cross appeal, wife alleges two trial court errors. However, neither error was presented to the trial court for its consideration and thus, will not be considered by this Court for the first time on appeal. Rule 5A:18.

Finding no error, we affirm the judgment of the trial court.

Fashioning an equitable distribution award lies within the sound discretion of the trial judge and that award will not be set aside unless it is plainly wrong or without evidence to support it.

Srinivasan v. Srinivasan, 10 Va. App. 728, 732, 396 S.E.2d 675, 678 (1990).

The trial court afforded both parties ample opportunity to present evidence in support of their respective claims. Upon consideration thereof, the trial court made extensive and thorough findings of fact which support the decrees entered. We cannot say that the decrees are plainly wrong or without evidence to support them.

Accordingly the judgments of the trial court are affirmed.

Affirmed.


Summaries of

Gendreau v. Gendreau

Court of Appeals of Virginia
May 10, 1994
Record No. 0376-93-4 (Va. Ct. App. May. 10, 1994)
Case details for

Gendreau v. Gendreau

Case Details

Full title:WILLIAM O. GENDREAU v. COLLEEN RAE (KING) GENDREAU

Court:Court of Appeals of Virginia

Date published: May 10, 1994

Citations

Record No. 0376-93-4 (Va. Ct. App. May. 10, 1994)