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McLELLAN v. McLELLAN

Record No. 1956-99-4.

533 S.E.2d 635 (2000)

33 Va. App. 376

James Walter McLELLAN v. Claudia Marie McLELLAN.

Court of Appeals of Virginia, Alexandria.

September 5, 2000.

Attorney(s) appearing for the Case

Alexander R. Iden (Massie, Inger & Iden, P.C., on brief), Winchester, for appellant.

Nate L. Adams, III (Adams & Kellas, P.C., on brief), Winchester, for appellee.

Present: ELDER, ANNUNZIATA and FRANK, JJ.

FRANK, Judge.

James Walter McLellan (husband) appeals the chancellor's denial of his motion to reinstate this matter on the court's docket. On appeal, he contends the chancellor erred in: 1) refusing to vacate a provision of the 1995 divorce decree awarding Claudia Marie McLellan (wife) a portion of husband's military disability retirement pay pursuant to the terms of their property settlement agreement and 2) denying his motion to reinstate without hearing evidence...

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