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RUBIO v. RUBIO

Record No. 2596-99-1.

549 S.E.2d 610 (2001)

36 Va. App. 248

Suzanne M.K. RUBIO v. Ernesto G. RUBIO.

Court of Appeals of Virginia, Richmond.

July 24, 2001.

Attorney(s) appearing for the Case

Barry Randolph Koch, Virginia Beach (Inman & Strickler, P.L.C., on brief), for appellant.

Barry Kantor (Christie & Kantor, P.C., on brief), for appellee.

Amicus Curiae: The Virginia Bar Association Coalition on Family Law Legislation (Richard J. Byrd, Fairfax; Byrd Mische, P.C., on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS and AGEE, JJ.

UPON A REHEARING EN BANC

WILLIS, Judge.

By opinion dated August 1, 2000, a panel of this Court reversed the judgment of the trial court and ordered the petition herein dismissed. See Rubio v. Rubio, 33 Va.App. 74, 531 S.E.2d 612 (2000). We stayed the mandate of that decision and granted rehearing en banc. Upon rehearing en banc, we vacate the mandate of the panel...

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