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SMITH v. SMITH

Record No. 2403-03-3.

597 S.E.2d 250 (2004)

43 Va.App. 279

Leonard Monroe SMITH, Jr. v. Tonya Fenn Young SMITH.

Court of Appeals of Virginia, Salem.

June 8, 2004.

Attorney(s) appearing for the Case

Neil E. McNally (Thomas N. Key; Key, Tatel & McNally, P.C., Roanoke, on brief), for appellant.

Ellen S. Weinman, Salem, for appellee.

Present: BENTON, ELDER and KELSEY, JJ.

KELSEY, Judge.

In this equitable distribution case, Leonard Monroe Smith, Jr. argues that the trial court (a) erroneously failed to award him a 50% interest in the marital home, (b) disregarded a prenuptial agreement when distributing personalty acquired during the marriage, and (c) abused its discretion by ordering him to pay wife $2,500 in attorney's fees. We agree that the court erred in refusing to enforce the prenuptial agreement, but find no fault with the court...

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