HOLMES v. HOLMES

Record No. 1123-88-2.

382 S.E.2d 27 (1989)

Marlies Mika HOLMES v. James E. HOLMES.

Court of Appeals of Virginia.

July 25, 1989.


Attorney(s) appearing for the Case

Sylvia Clute (Nancy B. Cherry, Clute and Shilling, Richmond, on brief), for appellant.

Harry P. Anderson (Anderson, Parkerson and Shields, Richmond, on brief), for appellee.

Present: BARROW, BENTON and KEENAN, JJ.


BARROW, Judge.

This is an appeal from a denial of a motion to vacate a final decree of divorce. We conclude that the trial court should have vacated that part of the decree incorporating the separation agreement and should have conducted a plenary hearing to determine if the agreement was obtained by fraud.

The parties entered into a separation agreement which was then incorporated into the final decree of divorce. On the twenty-first day after the entry of...

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