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EVANS v. EVANS

Record No. 091469.

695 S.E.2d 173 (2010)

Hannah Leigh EVANS, An Infant, Who Sues by her Mother, Natural Guardian and Next Friend, Cynthia Kay Stevens v. Billy Bradley EVANS, II.

Supreme Court of Virginia.

June 10, 2010.

Attorney(s) appearing for the Case

Randall J. Trost, Lynchburg, for appellant.

Kevin O. barnard (Sean C. Workowski; Carolyn N. Dietz; Frith Anderson & Peake, on brief), Roanoke, for appellee.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred when it sustained the demurrer of Billy Bradley Evans, II ("Evans") to the amended complaint of Hannah Leigh Evans ("Hannah").1

I. Facts and Proceedings Below

Hannah, an infant suing by her mother, filed an amended complaint against Evans, her father, which alleged that Evans placed Hannah, then four years old, "in a [portable...

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