COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Elder and Fitzpatrick
LAURA BURNSIDE BARBER
v. Record No. 1010-95-2 MEMORANDUM OPINION *
PER CURIAM
OSCAR MARION BARBER NOVEMBER 28, 1995
FROM THE CIRCUIT COURT OF MIDDLESEX COUNTY
John M. Folkes, Judge
(Theresa Rhinehart, on brief), for appellant.
(Jeffrey M. Steingold, on brief), for appellee.
Laura Burnside Barber appeals the decision of the circuit
court denying her motion for rehearing. The commissioner found,
and the circuit court confirmed, that Laura had fraudulently
induced Oscar Marion Barber to convey to her his interest in
jointly-owned property. On appeal, Laura contends the trial
court erred in refusing to admit into evidence a letter
supporting her position. Upon reviewing the record and briefs of
the parties, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the decision of the trial court.
Rule 5A:27.
"Whether to reopen a case lies within the sound discretion
of the trial judge." Minor v. Commonwealth, 16 Va. App. 803,
805, 433 S.E.2d 39, 40 (1993). Laura admits the letter does not
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
qualify as after-discovered evidence. Therefore, the matter was
solely in the trial court's discretion, and we cannot say that
the trial court abused that discretion by refusing to reopen the
hearing to allow into evidence a letter which Laura had in her
possession during each of the several hearings.
Accordingly, the decision of the circuit court is summarily
affirmed.
Affirmed.
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