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Loewinger v. Estate of Loewinger

Court of Appeals of Virginia

October 21, 2014

NATALIA V. LOEWINGER
v.
ESTATE OF STEPHEN JAY LOEWINGER

FROM THE CIRCUIT COURT OF LOUDOUN COUNTY. Burke F. McCahill, Judge.

Dismissed.

Patrick G. Merkle (Law Offices of Patrick G. Merkle, PLLC, on brief), for appellant.

Vernon W. Johnson, III (Nixon Peabody LLP, on brief), for appellee.

Present: Judges Alston, Huff and Chafin. .

OPINION

Page 827

[64 Va.App. 2] GLEN A. HUFF, JUDGE

Natalia V. Loewinger (" appellant" ) appeals an order of the Circuit Court of Loudoun County (" trial court" ) directing Stephen J. Loewinger (" Loewinger" ) to pay appellant a lump sum amount of $59,805.67 pursuant to the parties' premarital agreement. Appellant presents the following assignments of error on appeal:

1. The [trial c]ourt erred in its interpretation of the parties' premarital agreement in the way the [trial c]ourt calculated the marital share of the proceeds of the Bethesda, Maryland property upon its sale in 2004 to determine [appellant's] interest therein.
2. The [trial c]ourt erred in its interpretation of the parties' premarital agreement by excluding from [appellant's] lump sum award her share of the marital portion of the equity in the Bethesda, Maryland property, which had been retained by [Loewinger] following the sale of that property in 2004.

[64 Va.App. 3] For the following reasons, this Court holds that appellant's action against the Estate of Stephen J. Loewinger (" appellee" ) in the present case is a nullity. Accordingly, the appeal is dismissed.

I. BACKGROUND

" When reviewing a trial court's decision on appeal, we view the evidence in the light most favorable to the prevailing party, granting it the benefit of any reasonable inferences." Congdon v. Congdon, 40 Va.App. 255, 258, 578 S.E.2d 833, 835 (2003). So viewed, the evidence is as follows.

On December 2, 1999, the parties executed a premarital agreement (" the agreement" ) prior to, and in consideration of, their marriage on December 18, 1999. At the time of their marriage, Loewinger owned a house in Bethesda, Maryland (" the Bethesda house" ) that became the parties' ...


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