Opinion
Record No. 1844-92-4
July 13, 1993
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY THOMAS J. MIDDLETON, JUDGE.
(J. Patrick McConnell; Elizabeth L. Salans; Odin, Feldman Pittleman, on briefs), for appellant.
(Jeanne M. Swanick, on brief), for appellee.
Present: Judges Baker, Bray and Fitzpatrick.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Upon review of the record and briefs of the parties, we have concluded that this appeal is without merit and affirm the trial court. See Rule 5A:27.
"We adhere to the 'plain meaning' rule in Virginia: '[W]here an agreement is complete on its face, is plain and unambiguous in its terms, the court is not at liberty to search for its meaning beyond the instrument itself. . . . This is so because the writing is the repository of the final agreement of the parties." Berry v. Klinger, 225 Va. 201, 208, 300 S.E.2d 792, 796 (1983) (citation omitted).
In the instant case, the trial court found "no ambiguity in the parties' agreement and the words 'gross income'" and excluded parol evidence of any "intended meaning." Nothing in the agreement obscures the meaning to the term "gross income" or otherwise suggests a definition different from that expressed by the trial court in its order of August 12, 1992; therefore, we affirm the decision.
Affirmed.