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CARLSON v. WELLS

Record No. 092076.

705 S.E.2d 101 (2011)

Jon C. CARLSON, et al. v. Valerie A. WELLS, et al.

Supreme Court of Virginia.

January 13, 2011.

Attorney(s) appearing for the Case

Melinda F. Seemer (Stallings & Bischoff, on brief), Suffolk, for appellants.

Gregory A. Giordano , (Troutmant Sanders, on brief), Virginia Beach, for appellees.

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider the duty of care owed by the custodian of a Virginia Uniform Transfers to Minors Act ("UTMA") account and whether the appellants in this case breached that duty. We also review the tracing of commingled funds and the award of attorneys' fees.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Jon C. Carlson ("Jon") and Valerie A. Wells ("Wells") were married from 1984 to 2000. They had three...

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