Linda F. White v William H. White, Jr.

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COURT OF APPEALS OF VIRGINIA

Present: Judges Willis and Annunziata and Senior Judge Cole
Argued at Richmond, Virginia

LINDA F. WHITE, a/k/a
LINDA F. DISE
Vv. Record No. 0026-95-2 MEMORANDUM OPINION BY

JUDGE JERE M. H. WILLIS, UR.
WILLIAM H. WHITE, UR.

FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY
Timothy J. Hauler, Judge

(Michael Morchower; Sharon Gregory Jacobs;

Morchower, Luxton and Whaley, on briefs), for

appellant.

(Charles E. Ayers, Jr.; Cynthia A. Muncie;

Robert H. Smallenberg; Ayers & Stolte, P.C.,
on brief), for appellee.

Linda F. White appeals from a final order denying her
request for attorney's fees and ordering her to pay $14,000 in
attorney's fees to William H. White, Jr. Ms. White contends that
the trial court abused its discretion in making this award. We
disagree and affirm the judgment of the trial court.

Pursuant to Code §§ 20-79(b) and 20-99(5), a trial court may
award attorney's fees as equity and justice require. "An award
of attorney's fees is a matter submitted to the trial court's
sound discretion and is reviewable on appeal only for an abuse of

discretion." Graves v. Graves, 4 Va. App. 326, 333, 357 S.E.2d

554, 558 (1987).

"Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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The trial court found that although the divorce had been
granted on no fault grounds, Ms. White was "principally
responsible for the breakup of the marital relationship." 	The
court further found that "because of the conduct of the defendant
[Ms. White], the plaintiff [Mr. White] . . . was put to an
untotaled expense in the litigation of the matter. 	The record
supports these findings and discloses that Mr. White incurred
attorney's fees and costs substantially exceeding $14,000 in his
defense of the litigation. 	We find no abuse of discretion in the
award.
The judgment of the trial court is affirmed.
Affirmed.

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M E M O R A N D U M
TO: 	Cindi McCoy, Clerk
FROM: 	Judge Willis
DATE: 	January 29, 1996
RE: 	Linda F. White v. William H. White, Jr.
Record No. 0026-95-2
01/96 Richmond Panel
Dear Cindi:
Attached is a memorandum opinion in the above
captioned case that has been approved by the panel.
The record and Exhibit Box #1293 are being returned
to your office by UPS.
Very truly yours,
JMHW,Jr.

JMHW, Jr. /phb

Enclosure

cc: Full Court

(PROFS #0026952.MEM)