Twardy v. Twardy , 14 Va. App. 651 ( 1992 )

Coleman, J.,

concurring.

I concur in the result, but I am unable to join in the majority’s holding that we have an insufficient record to decide this case on its merits. Nevertheless, I would affirm the holding of the trial court on the merits for reasons which I expressed more fully in a dissenting opinion filed with the panel’s unpublished memorandum opinion in Twardy v. Twardy (Record No. 1152-89-2, March 19, 1991). Because the majority does not reach the merits, I need not discuss in detail the basis on which I would affirm. In my view, the trial court ruled correctly. The husband agreed to indemnify and hold the wife harmless for payment of the second deed of trust. When the wife paid the second deed of trust under a refinancing agreement, the husband was obligated to indemnify her. The trial court’s order that the husband pay the wife on a monthly basis the amount she was thereafter required to pay upheld and enforced the indemnification covenant of the agreement.