Jafar Mottaghi v Mary M. Kiani

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Bray, Annunziata and Frank
JAFAR MOTTAGHI
MEMORANDUM OPINION*
v. 	Record No. 1744-98-4 	PER CURIAM
APRIL 27, 1999
MARY M. KIANI
FROM THE CIRCUIT COURT OF LOUDOUN COUNTY
James H. Chamblin, Judge
(Jahangir Ghobadi; Jahangir Ghobadi, P.C.,
on brief), for appellant.
No brief for appellee.
Jafar Mottaghi appeals the decision of the circuit court
granting Mary M. Kiani a divorce a vinculo matrimonii and
deciding other issues. 	On appeal, Mottaghi contends that (1)
the final decree of divorce was based upon a fraudulently
obtained property settlement agreement and is voidable; (2)
entry of the final decree in the face of Mottaghi’s claim of
fraud was error; and (3) denial of Mottaghi’s motion for
suspension and reconsideration was error. 	Upon reviewing the
record, opening brief, and Kiani’s motion to dismiss, we find
the record inadequate to address issues one and two, and grant
Kiani’s motion to dismiss those issues. 	We conclude that issue
*Pursuant to Code § 17.1-413, recodifying Code § 17-116.010,
this opinion is not designated for publication.

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three is without merit and summarily affirm the decision of the
trial court. 	See Rule 5A:27.
Entry of Final Decree
"The judgment of the trial court is presumed correct and he
who asserts the contrary is required to overcome the presumption
by record proof . . . ." 	Kaufman v. Kaufman, 7 Va. App. 488,
499, 375 S.E.2d 374, 380 (1988). 	The burden is on the party
seeking reversal to submit to the appellate court a record that
enables the court to determine whether there has been an error.
See Smith v. Commonwealth, 16 Va. App. 630, 635, 432 S.E.2d 2, 6
(1993). 	The record contains neither a transcript nor a written
statement of facts. 	We find that, in their absence, Mottaghi
has failed to present an adequate record for us to address
issues one and two. 	Accordingly, we dismiss this portion of the
appeal.
Denial of Motion for Suspension and Reconsideration
“[W]here the record on appeal without a transcript or
written statement of facts is sufficient to determine the merits
of the appellant's allegations, this court may proceed to hear
the case.” 	Carlton v. Paxton, 14 Va. App. 105, 111, 415 S.E.2d
600, 603 (1992). 	The record contains Mottaghi’s motion for
suspension and reconsideration, and the written notes of the
trial judge denying Mottaghi’s motion. 	According to the record,
the final decree of divorce was entered on July 10, 1998.

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Mottaghi filed his motion for suspension and reconsideration on
July 29, 1998. 	The trial judge did not rule on Mottaghi’s
motion before the decree became final on July 31, 1998. 	See
Rule 1:1. 	Therefore, we find no error in the ruling of the
trial court that it lacked authority on August 3, 1998 to
suspend or reconsider its decision.
Accordingly, the decision of the circuit court denying
Mottaghi’s motion for suspension and reconsideration is
summarily affirmed.
Affirmed in part,
and dismissed
in part.