Landon T. A. Summers v. Marcia Lee Brown Summers

Summary

The Virginia Court of Appeals summarily affirmed a Fairfax County Circuit Court divorce judgment in an appeal concerning custody, child support, jurisdiction, mediation, due process, equal protection, and alleged civil-rights violations. The court held that several issues were barred by res judicata or had become moot, rejected the remaining arguments, and remanded for determination of the mother's appellate attorney's fees and costs.

Holdings

1. The husband was barred by res judicata from relitigating custody issues that had been finally resolved and previously appealed.
2. Entry of the custody order did not deprive the circuit court of jurisdiction over divorce issues that remained pending and were unaffected by the custody order.
3. The husband was not entitled to restitution of previously paid child support.
4. Once the Court of Appeals acquired jurisdiction over the appeal, it had authority to grant the trial court leave to proceed with child-support matters.
5. The circuit court did not err in quashing the subpoenas because it lacked subject matter jurisdiction while the custody appeal was pending.
6. The denial of mediation did not violate due process or equal protection, and the circuit court did not abuse its discretion in refusing to refer the case for mediation evaluation.
7. Code § 20-103 did not bar the circuit court from entering an order finally resolving custody before deciding the remaining divorce issues.
8. The challenge to the divorce decree based on alleged absence of corroborated testimony or review of a commissioner's report lacked merit.
9. The husband failed to establish any Fourteenth Amendment or 42 U.S.C. § 1983 violation and was not entitled to damages or relief on that theory.
10. The wife was entitled to recover reasonable attorney fees and costs incurred in defending the appeal, with the amount to be determined by the trial court on remand.

Questions Presented

1. Whether the husband's challenges to the custody orders were barred by res judicata because the custody issues had been finally decided and previously appealed.
2. Whether entry of a custody order resolving custody before disposition of the remaining divorce issues deprived the circuit court of jurisdiction under Rule 1:1 or Code § 20-103.
3. Whether the circuit court's treatment of the pendente lite child-support order entitled the husband to restitution of support payments.
4. Whether the Court of Appeals and circuit court acted outside their jurisdiction by permitting child-support proceedings during the appeal.
5. Whether the circuit court improperly quashed subpoenas for the children's medical and school records while the custody appeal was pending.
6. Whether denial of mediation violated due process or equal protection or constituted an abuse of discretion.
7. Whether the divorce decree was invalid because it was entered without corroborated testimony or review of a properly filed commissioner's report.
8. Whether the trial court judges and other state agents were liable under the Fourteenth Amendment and 42 U.S.C. § 1983.
9. Whether the wife was entitled to attorney fees and costs incurred in defending the appeal.

Disposition

affirmed_and_remanded