LESLIE PARKER CARWILE V SANDRA M CARVILE
Annotate this Case
Download PDF
COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Bumgardner and Clements Argued at Richmond, Virginia LESLIE PARKER CARWILE v. MEMORANDUM OPINION * BY JUDGE RUDOLPH BUMGARDNER, III JULY 30, 2002 Record No. 3107-01-2 SANDRA M. CARWILE FROM THE CIRCUIT COURT OF HENRICO COUNTY Catherine C. Hammond, Judge Patrick R. Bynum, Jr., for appellant. Carol Dois Woodward for appellee. Leslie Parker Carwile and Sandra M. Carwile were divorced by decree dated June 25, 2001. The husband contends the trial court erred in calculating spousal support and in classifying the marital residence and a mutual fund. Because the record is not sufficient to determine the issues raised, we dismiss. The evidence consisted of depositions and testimony heard ore tenus on May 7, 2001. considered. At that hearing, all issues were Witnesses, who had earlier given evidence by deposition, testified further and the husband's father, for whom no deposition appears in the record, also testified. In its letter opinion, the trial court refers to the evidence presented May 7, 2001, and the opinion clearly relies on it in making its * Pursuant to Code ยง 17.1-413, this opinion is not designated for publication. factual findings on each of the issues raised by the husband in this appeal. "An appellate court must dispose of the case upon the record and cannot base its decision upon appellant's petition or brief, or statements of counsel in open court. upon facts contained in the record." We may act only Smith v. Commonwealth, 16 Va. App. 630, 635, 432 S.E.2d 2, 6 (1993) (citation omitted). "[O]n appeal the judgment of the lower court is presumed to be correct and the burden is on the appellant to present to us a sufficient record from which we can determine whether the lower court has erred in the respect complained of." Justis v. Young, 202 Va. 631, 632, 119 S.E.2d 255, 256-57 (1961). "The burden is upon the appellant to provide us with a record which substantiates the claim of error. thereof, we will not consider the point." In the absence Jenkins v. Winchester Dep't of Soc. Servs., 12 Va. App. 1178, 1185, 409 S.E.2d 16, 20 (1991) (citation omitted). Because the trial court's decision rested on evidence presented at the ore tenus hearing, a transcript is "indispensable to the determination of the case." Turner v. Commonwealth, 2 Va. App. 96, 99, 341 S.E.2d 400, 402 (1986). Accordingly, we dismiss this appeal. Dismissed. - 2 -
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
