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DE AVIES v. DE AVIES

Record No. 3142-02-4.

592 S.E.2d 351 (2004)

42 Va. App. 342

Daniel Emmett DE AVIES v. Kathy Lynn DE AVIES.

Court of Appeals of Virginia, Richmond.

February 3, 2004.

Attorney(s) appearing for the Case

Peter M. Fitzner (Carl P. Horton, Oakton, on brief), for appellant.

Lawrence D. Gaughan, Fairfax, for appellee.

Present FITZPATRICK, C.J., BENTON, ELDER, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY and McCLANAHAN, JJ.

UPON REHEARING EN BANC.1

D. ARTHUR KELSEY, Judge.

Daniel Emmett De Avies appeals the trial court's denial of his motion to vacate a final divorce decree entered in March 2000. Husband concedes that the decree memorialized an agreement between the parties made in open court. He also agrees that he confirmed his consent with the trial judge and authorized his counsel to sign the consent decree on his behalf. Husband argues on appeal...

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