Sherry M. Doyle v. Christopher J. Doyle

CourtCourt of Appeals of Virginia
DecidedApril 1, 2025
Docket1615224
StatusUnpublished

This text of Sherry M. Doyle v. Christopher J. Doyle (Sherry M. Doyle v. Christopher J. Doyle) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherry M. Doyle v. Christopher J. Doyle, (Va. Ct. App. 2025).

Opinion

COURT OF APPEALS OF VIRGINIA UNPUBLISHED

Present: Judges Chaney, Frucci and Senior Judge Annunziata Argued at Fairfax, Virginia

SHERRY M. DOYLE

v. Record No. 1615-22-4

CHRISTOPHER J. DOYLE MEMORANDUM OPINION* BY JUDGE VERNIDA R. CHANEY CHRISTOPHER J. DOYLE APRIL 1, 2025

v. Record No. 1236-23-4

FROM THE CIRCUIT COURT OF LOUDOUN COUNTY Jeannette A. Irby, Judge; Matthew P. Snow, Judge1

Jacob E. Smith (Sherry M. Doyle, pro se, on briefs), in Record No. 1615-22-4.2

Erik D. Baines (Barnes & Diehl, P.C., on brief), for appellee Christopher J. Doyle.

Christopher J. Doyle, pro se, in Record No. 1236-23-4.

Jacob E. Smith (John C. Whitbeck, Jr.; WhitbeckBennett, P.C., on brief), for appellee Sherry M. Doyle.

The circuit court awarded Christopher J. Doyle (husband) a divorce from Sherry M. Doyle

(wife) on the grounds that the parties lived separate and apart for more than one year. Wife assigns

* This opinion is not designated for publication. See Code § 17.1-413(A). 1 Judge Irby entered the final order of divorce referenced in Record No. 1615-22-4. Judge Irby subsequently retired, and Judge Snow entered the final order referenced in Record No. 1236-23-4. 2 The Court grants Sherry Doyle’s motion for an extension of time to file a reply brief, and the same is considered timely filed. error to the circuit court’s decisions on (1) grounds for divorce, (2) equitable distribution, (3)

support awards, and (4) attorney fees. Husband argues that the circuit court erred by interpreting the

divorce order not to require wife to refinance the home. We agree with wife that the circuit court

erred by failing to distribute marital property in the form of husband’s Navy Federal Credit Union

account. Otherwise, we see no error in the circuit court’s rulings. This Court therefore affirms in

part and reverses in part the circuit court’s judgment, and remands this case for proceedings

consistent with this opinion.3

BACKGROUND4

Wife and husband married on August 3, 2006, and five children were born or adopted

during the marriage. Husband is a licensed professional counselor and is the executive director

and president of the board of directors for a nonprofit organization, called Institute for Healthy

3 On April 27, 2023, wife moved to strike husband’s brief in Record No. 1615-22-4 because husband’s counsel failed to obtain leave before refiling a signed brief, at the request of the clerk’s office. Husband objected and moved for sanctions under Code § 8.01-271.1. This Court denies both motions. On August 22, 2023, wife moved to dismiss husband’s appeal in Record No. 1236-23-4 on the grounds that he did not comply with Rules 5A:6 and 5A:25. Rule 5A:6 requires a party appealing a circuit court’s ruling to file a notice of appeal with the circuit court clerk within 30 days of the final judgment. Rule 5A:25 specifies the procedure and timeline for filing a designation of an appellant’s assignments of error. Defects in a notice of appeal that otherwise adequately identifies the case appealed are not grounds for dismissing that appeal. See Vick v. Siegel, 191 Va. 731, 737 (1951) (“There has been, we think, a substantial compliance with the rule. While it is plainly made the duty of counsel to designate for printing the parts of the record specified in [former] Rule 5:1, Sec. 6(d), we hold that failure to designate the assignments of error in this case is not sufficient ground for dismissing the writ of error.”); cf. LaCava v. Commonwealth, 283 Va. 465, 470 n.* (2012) (stating that “the purpose of the notice of appeal is merely to place the opposing party on notice and to direct the clerk to prepare the record on appeal” and that it is meant to protect appellee, “‘not to penalize the appellant’” (quoting Avery v. Cnty. Sch. Bd., 192 Va. 329, 333 (1951))). The record shows that husband sent wife a copy of the notice of appeal and that his opening brief contains his assignment of error. Given husband’s substantial compliance with the rules, this Court, therefore, denies wife’s motion to dismiss.

This Court views “the evidence in the light most favorable to the prevailing party,” 4

husband, granting him the benefit of any reasonable inferences. Shah v. Shah, 70 Va. App. 588, 591 (2019) (quoting Congdon v. Congdon, 40 Va. App. 255, 258 (2003)). -2- Families. He also has his own business, called Northern Virginia Christian Counseling, LLC.

Wife is a teacher with the public school system. During the marriage, wife also taught vocal

lessons and obtained a doctorate. In 2020, before their separation, both parties worked part time

at Patrick Henry College.

On July 7, 2020, the parties and their children were vacationing in Florida with wife’s

mother and extended family. Wife’s mother became upset about a comment that husband made to

his nephew. Later that day, wife’s mother confronted husband, and they started arguing. Husband

asked that they “go outside,” and when she refused, he left.

On July 9, 2020, husband and wife started arguing about this incident, which then escalated

into disagreements about other matters. Wife’s mother arrived in the middle of their argument, and

everyone was “yelling at each other.” Wife’s mother was standing with a table behind her, when

husband “shoved” her into the wall, causing her to hit the table and stumble. Wife’s mother then

moved toward husband. Husband pushed wife’s mother, and wife caught her before she fell.

Husband admitted that he was the only person out of the three of them that touched another person.

The police responded to the Florida condominium, and wife pressed charges and obtained a

protective order against husband. A week later, husband was served with a protective order and

arrested for felony and misdemeanor charges arising from the incident with wife’s mother.5 At

approximately the same time, husband filed a complaint for divorce.

Upon husband’s return to Virginia, he changed the door locks and garage door codes for the

marital residence. He also removed wife’s piano—which she used when teaching her lessons—and

placed it in storage, to which only he had access. Wife and the children lived in the basement of her

parents’ home.

5 After husband completed a domestic violence seminar, the Florida charges were dismissed. -3- Wife answered and counterclaimed to husband’s complaint for divorce. The circuit court

entered a pendente lite order, awarding $2,500 per month in spousal support to wife, $3,500 per

month in child support to wife, and $7,530 in attorney fees to wife. The circuit court also

ordered that neither party could dissipate the marital assets or create liens on the marital

property, pending a settlement or further order.

Meanwhile, wife asked husband to move out of the former marital residence so she and the

children could live there; husband refused. The parties listed the house for sale, and while the house

was on the market, wife moved for exclusive use and possession of the home. The circuit court

granted wife’s motion, effective February 1, 2021, but ordered that “exclusive use and possession

shall not transfer to the wife on February 1, 2021 if the home is under contract for sale.” In

December 2020, after the entry of the circuit court’s order, husband and wife received two full-price

offers, but wife did not want to sell the house. Wife and the children moved into the former marital

residence on February 1, 2021.

On April 29, 2021, the parties entered a consent custody and visitation order. They

agreed to joint legal custody, with wife having final decision-making authority and primary

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