Husband’s Appeal Defective; Husband Liable for Wife’s Fees and Costs
In the case of Klein v. Klein, the Virginia Court of Appeals, in a published decision, dismissed husband’s appeal for failing to comply with the provisions of Rule 5A:20. The court remanded the case to the trial court to determine and enter an appropriate award of attorneys’ fees and costs in favor of wife. Rule 5A:20 provides that the opening brief of an appealing party shall contain, among other things, “(c) a statement of the questions presented” and “(e) the principles of law, the argument, and the authorities relating to each question presented.” In this case, husband failed to present one of his issues in the questions presented and then failed to provide legal authorities to support three other issues, resulting in all issues being dismissed.