John Thomas Pultz v. Robbie Gayle Pultz ( 2002 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Humphreys and Senior Judge Overton
JOHN THOMAS PULTZ
MEMORANDUM OPINION *
v. Record No. 0858-02-3 PER CURIAM
DECEMBER 3, 2002
ROBBIE GAYLE PULTZ
FROM THE CIRCUIT COURT OF PULASKI COUNTY
Robert M. D. Turk, Judge
(John T. Pultz, pro se, on brief).
No brief for appellee.
John T. Pultz appeals from a final decree of divorce. He
contends the decree should be reversed because the parties have
decided they want to remain married. Upon reviewing the record
and opening brief, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the decision of the trial court.
Rule 5A:27.
"An appellate court must dispose of the case upon the
record and cannot base its decision upon appellant's petition or
brief, or statements of counsel in open court. We may act only
upon facts contained in the record." Smith v. Commonwealth, 16
Va. App. 630, 635, 432 S.E.2d 2, 6 (1993). "The burden is upon
the appellant to provide us with a record which substantiates
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
the claim of error. In the absence thereof, we will not
consider the point." Jenkins v. Winchester Dep't of Soc.
Servs., 12 Va. App. 1178, 1185, 409 S.E.2d 16, 20 (1991).
The record on appeal fails to show that appellant presented
to the trial court the argument he raises on appeal. The final
decree of divorce is endorsed by appellant: "I ask for this."
Moreover, the record contains no transcripts or written statement
of facts.
"The Court of Appeals will not consider an argument on
appeal which was not presented to the trial court." Ohree v.
Commonwealth, 26 Va. App. 299, 308, 494 S.E.2d 484, 488 (1998).
Rule 5A:18 bars our consideration of this question on appeal.
Moreover, the record does not reflect any reason to invoke the
good cause or ends of justice exceptions to Rule 5A:18.
Therefore, the decision of the trial court is summarily
affirmed.
Affirmed.
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