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McINTYRE v. McINTYRE

Record No. 1802-96-4.

491 S.E.2d 300 (1997)

25 Va. App. 612

Donald C. McINTYRE v. Garnet M. McINTYRE.

Court of Appeals of Virginia, Alexandria.

October 7, 1997.

Attorney(s) appearing for the Case

Mary M. Benzinger, Arlington (Benzinger & Benzinger, on brief), for appellant.

Marcia M. Maddox, Vienna (Heather A. Cooper, on brief), for appellee.

Present: BENTON and ANNUNZIATA, JJ., and DUFF, Senior Judge.

DUFF, Judge.

Donald C. McIntyre (husband) appeals the decision of the circuit court awarding attorney's fees to Garnet M. McIntyre (wife). Husband contends that the trial court: (1) lacked jurisdiction to award wife attorney's fees incurred in the course of a previous appeal; and (2) abused its discretion by awarding wife attorney's fees without proof of need or disproportionate ability to pay. We agree that the trial court lacked jurisdiction and, therefore, reverse...

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