Jerry Kenneth Kain v Eunice P. Kain

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Coleman and Willis
JERRY KENNETH KAIN MEMORANDUM OPINION*
v. 	Record No. 0951-98-3 	PER CURIAM
NOVEMBER 17, 1998
EUNICE P. KAIN
FROM THE CIRCUIT COURT OF AMHERST COUNTY
J. Michael Gamble, Judge
(William F. Quillian III, on brief), for
appellant.
(Arelia S. Langhorne, on brief), for
appellee.
Jerry Kenneth Kain (husband) appeals the decision of the
circuit court awarding spousal support to Eunice P. Kain (wife).
Husband contends that the trial court erred in (1) awarding wife
$725 in monthly spousal support; and (2) disbelieving husband's
testimony as to his income. 	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.
The record does not contain a transcript of the hearing on
husband's motion to reduce spousal support. 	However, the trial
court ordered both husband's proposed Statement of Facts and
wife's Objections to Written Statement of Facts be included as a
part of the record on appeal.
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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Based upon the record before us, we find no evidence that
husband preserved any issues for appeal. 	The decree granting
husband's motion to reduce spousal support was endorsed by
husband's counsel under the notation "I Ask For This." 	No
objections were noted, and no motions for reconsideration or
rehearing were filed. 	The written statement of facts contains no
indication that the husband made any objection. 	Therefore, we
find that husband failed to preserve these issues for appeal.
See Rule 5A:18; 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.