Donald Valcolen Frew v Patricia Chadwick Frew

0270961Vactapp

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COURT OF APPEALS OF VIRGINIA
Present: 	Judges Baker, Willis and Overton
Argued at Norfolk, Virginia
DONALD VALCOLEN FREW MEMORANDUM OPINION* BY
v. 	Record No. 0270-96-1 	JUDGE NELSON T. OVERTON
OCTOBER 1, 1996
PATRICIA CHADWICK FREW
FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS
Robert P. Frank, Judge
Oldric J. LaBell, Jr., for appellant.
Robert B. Halkowich (Spencer and Halkowich,
P.C., on brief), for appellee.
Donald Frew (husband) appeals the decision of the circuit
court concerning the final decree of divorce from Patricia
Chadwick Frew (wife). 	For the reasons that follow, we affirm the
trial court.
The parties separated in 1983, when they signed a separation
agreement that provided for payment from husband to wife.
Husband filed for divorce on January 25, 1994. 	While that suit
was pending, wife filed an action at law to recover non-payment
of the separation agreement on November 29, 1994. 	On December 1,
1995, the circuit court rendered a final judgment on the law
action, interpreting a disputed provision and assigning an
arrearage. 	That decision was appealed on January 3, 1996 to this
Court.1
*Pursuant 	to 	Code 	§ 	17-116.010 	this 	opinion 	is 	not
designated for publication.
1 The Court of Appeals had no jurisdiction over the law
- 2 -
The final decree of divorce was entered on January 5, 1996.
In that decree the trial judge incorporated his ruling and
interpretation of the earlier law action. 	Husband appeals from
this order.
Husband's appeal concerns the interpretation of the
separation agreement, fully argued and adjudicated in the law
action. 	He does not contend that the judge erred by
incorporating the previous order into the divorce decree, only
that the previous order was decided incorrectly. 	He assigns no
error to the actions of the judge in this case, but rather
addresses his arguments to the ruling of the judge in the law
action.
Because we find no reversible error by the trial judge in
this case, we affirm the decision below. 	Any error in the law
action will be considered by the Supreme Court of Virginia, where
jurisdiction properly lies.
Affirmed.
action and transferred the appeal to the Supreme Court of
Virginia pursuant to Code § 8.01-677.1. 	See Frew v. Frew, Record
No. 0251-96-1 (October 1, 1996) (unpublished).

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