Theodore R. Faircloth v. Carolyn H. Faircloth ( 1999 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
THEODORE R. FAIRCLOTH
MEMORANDUM OPINION *
v. Record No. 0581-99-2 PER CURIAM
AUGUST 10, 1999
CAROLYN H. FAIRCLOTH
FROM THE CIRCUIT COURT OF HENRICO COUNTY
George F. Tidey, Judge
(Brice E. Lambert; Lambert & Associates, on
brief), for appellant.
(Amy C. Balfour; Beale, Balfour, Davidson &
Etherington, P.C., on brief), for appellee.
Theodore R. Faircloth appeals the equitable distribution
decree awarding certain marital property solely to his wife,
Carolyn H. Faircloth. The husband contends that the trial judge
erred by (1) refusing to hear testimony concerning the parties'
nonmonetary contributions to the marriage and to the acquisition,
care and maintenance of the marital property, see Code § 20-107.3,
and (2) failing to make an equitable and fair distribution of the
marital property based upon the evidence. 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. See Rule 5A:27.
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
The record contains no indication that the husband
preserved these issues for appeal. He did not object to the
trial judge's ruling concerning the evidence, note any objection
to the final equitable distribution decree, or file a motion for
reconsideration or rehearing. The final decree and the
equitable distribution decree were endorsed by husband's counsel
as "Seen." Furthermore, the issues that are raised on appeal
were not preserved in the record at the places designated by
appendix references in the husband's brief. See Rule 5A:20(c).
Therefore, we find that the husband failed to preserve these
issues for appeal. See Rule 5A:18; Konefal v. Konefal, 18 Va.
App. 612, 615, 446 S.E.2d 153, 154-55 (1994); Lee v. Lee, 12 Va.
App. 512, 404 S.E.2d 736 (1991) (en banc).
Accordingly, the decision of the circuit court is summarily
affirmed.
Affirmed.
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