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MORRILL v. MORRILL

Record No. 1461-03-4.

613 S.E.2d 821 (2005)

45 Va. App. 709

Naheed Saeed MORRILL v. Clarence Grant MORRILL, II.

Court of Appeals of Virginia, Richmond.

June 7, 2005.

Attorney(s) appearing for the Case

Alexander B. Berger (Robert H. Cox; Howrey Simon Arnold & White, L.L.P., on brief), Washington, DC, for appellant.

Christopher W. Schinstock (James Ray Cottrell; Gannon & Cottrell, on brief), Alexandria, for appellee.

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

UPON REHEARING EN BANC

ELIZABETH A. McCLANAHAN, Judge.

By published opinion dated August 17, 2004, a divided panel of this Court vacated the judgment of the trial court. Morrill v. Morrill, 43 Va.App. 621, 600 S.E.2d 911 (2004). On September 21, 2004, we granted Clarence Morrill's petition for rehearing en banc, stayed the mandate of the panel decision,

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