Nataliya A. K. Bishop v. Wallace R. Bishop ( 2001 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Fitzpatrick, Judge Bumgardner and
Senior Judge Hodges
NATALIYA ANATOLYEVNA KABATOVA BISHOP
MEMORANDUM OPINION *
v. Record No. 0948-01-3 PER CURIAM
DECEMBER 11, 2001
WALLACE RANDOLPH BISHOP
FROM THE CIRCUIT COURT OF THE CITY OF ROANOKE
Jonathan M. Apgar, Judge
(Nataliya A. Bishop, pro se, on brief).
No brief for appellee.
Nataliya A. Bishop (wife) appeals the decision of the circuit
court awarding Wallace Randolph Bishop (husband) a no-fault
divorce. On appeal, wife contends the trial court erred in
granting husband the divorce. 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.
See Rule 5A:27.
Procedural Background
The parties were lawfully married in Roanoke, Virginia on
November 16, 1998. The parties separated on September 7, 1999.
The parties lived separate and apart without cohabitation
continuously from September 7, 1999 to the time of the filing of
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
the report of the commissioner in chancery, a period of greater
than one year. Neither party filed any objections to the
commissioner's report. On March 19, 2001, the trial court entered
a decree for divorce a vinculo matrimonii pursuant to Code
§ 20-91(9). Wife was present and objected to entry of the order
without making any specific contention.
Analysis
On appeal, wife argues husband was mentally incompetent at
the time of the separation, that his will was overborne by his
relatives, and that their separation for over one year was not
voluntary.
However, the record does not reflect that wife presented
these arguments to the trial court. Rule 5A:18 provides that
"[n]o ruling of the trial court . . . will be considered as a
basis for reversal unless the objection was stated with the
grounds therefor at the time of the ruling, except for good cause
shown or to enable the Court of Appeals to attain the ends of
justice." "The Court of Appeals will not consider an argument on
appeal which was not presented to the trial court." Francis v.
Francis, 30 Va. App. 584, 592, 518 S.E.2d 842, 847 (1999)
(citation omitted).
Because the record does not indicate that wife presented
these arguments to the trial court, we will not consider them on
appeal. Moreover, the record does not reflect any reason to
invoke the good cause or ends of justice exceptions to Rule 5A:18.
- 2 -
Accordingly, the decision of the trial court is summarily
affirmed. See Rule 5A:27.
Affirmed.
- 3 -