Tuesday, August 17, 2004

What are the limits on reopening commissioner's report in divorce cases

In Morrill v. Morrill, the Virginia Court of Appeals in an opinion by Judge Annunziata, joined by Judge Felton, held that the trial court erred by reopening fact issues that were referred to the commissioner in chancery in a divorce case. In dissent, Judge McClanahan was of the view that the referral did not include the matters on which the trial court heard additional evidence.

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