Eunice Pauline Todd v. James Edward Todd ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
EUNICE PAULINE TODD
MEMORANDUM OPINION *
v. Record No. 2115-95-2 PER CURIAM
JULY 30, 1996
JAMES EDWARD TODD
FROM THE CIRCUIT COURT OF THE CITY OF PETERSBURG
James F. D'Alton, Jr., Judge
(Beverly D. Crawford; El-Amin & Crawford, on
brief), for appellant.
(James Edward Sheffield, on brief), for
appellee.
Eunice P. Todd (wife) appeals from the circuit court's
qualified domestic relations order and final decree awarding a
divorce to James E. Todd (husband). Upon reviewing the record
and briefs of the parties, we conclude that this appeal is
without merit. Accordingly, we summarily affirm the decision of
the trial court. Rule 5A:27.
Wife contends that the commissioner abused his discretion by
refusing to allow her to submit additional evidence following a
hearing of which she had notice but did not appear. Wife's
counsel stated that wife told him why she was not going to
appear, "but that is a matter of privileged information unless
she authorizes me to release it, and in my opinion it is relevant
and important." Wife's counsel stated at the conclusion of the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
hearing that he expected to contact wife "and then make a motion
to the Court over your ruling if she desires to." Wife filed no
objections to the commissioner's report. Counsel for wife signed
the final decree without exception.
"The established rule in Virginia is that parts of a
commissioner's report not excepted to are 'considered as admitted
to be correct,' as the party excepting '"must put his finger on
the error" so that the court may see what it has to decide.'"
McLaughlin v. McLaughlin, 2 Va. App. 463, 470, 346 S.E.2d 535,
539 (1986) (citation omitted). We will not consider on appeal
rulings that were not excepted to in the trial court. Wife filed
no exceptions to the commissioner's report or relevant motion
with the trial court. Therefore, wife has failed to preserve any
objections to the actions of the commissioner.
Accordingly, the decision of the circuit court is summarily
affirmed.
Affirmed.
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