LEAKE V. TAYLOR, 2010 VA. APP. LEXIS 126, 2010 WL 1189344 (VA. CT. APP. MAR. 30, 2010)
Appellant husband sought review of the decision of the Circuit Court of Loudoun County (Virginia), which found in favor of appellee wife in the parties’ final decree of divorce.
The husband appealed from a final decree of divorce and contended that the circuit court committed a number of reversible errors; the appellate court disagreed and affirmed. Because the dismissal of the March 2008 appeal was not a decision as to the respective rights and liabilities of the parties, nor was it based on the ultimate fact or state of facts disclosed by the pleadings or evidence, the dismissal of the March 2008 notice of appeal was not a judgment on the merits of the case and the doctrine of res judicata was not applicable to the circuit court’s subsequent decision to hear the appeal of the spousal support award. Additionally, given the husband’s failure to produce credible evidence of his support need, the length of the parties’ marriage, the husband’s purposeful unemployment post-separation, and the parties’ monetary and nonmonetary contributions during the marriage, the appellate court was unable to say from the record before it that the circuit court’s determination of the amount of spousal support or its decision to provide spousal support of a defined duration was plainly wrong or without evidence to support it.
The judgment was affirmed.
Why We’re Trusted