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COURT OF APPEALS OF VIRGINIA


Present: Judges Elder, Annunziata and Agee*
Argued at Alexandria, Virginia


JAMES C. THOMAS, JR.
   OPINION BY
v. Record No. 3297-01-4 JUDGE ROSEMARIE ANNUNZIATA
          MAY 20, 2003
SANDRA L. THOMAS


FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
Robert W. Wooldridge, Jr., Judge

  James C. Thomas, Jr., pro se  
  (Oliver Denier Long; EZ Justice, PLC, on brief), for appellant.

  (Sandra L. Thomas, pro se, on brief). Appellee submitting on brief.


James C. Thomas, husband, appeals the trial court's equitable distribution award on the following grounds:  1) the trial court erred when it classified his use of marital funds to pay court-ordered pendente lite spousal support as marital waste; and 2) the trial court erred when it used as a valuation date the date of the parties' separation rather than the date of the equitable distribution hearing.  
* Justice Agee participated in the hearing and decision of this case prior to his investiture as a Justice of the Supreme Court of Virginia.
1 A memorandum opinion issued simultaneously addresses husband's remaining contentions.  
2 Husband also claims that he used Northwest Mutual Life Fund proceeds and Marriott Partnership dividends to pay marital debt and marital mortgages and the trial court erred in classifying the payments as waste.  The record fails to show that the trial court made a finding that any such payments were marital waste.  Therefore, we will not address these claims on appeal.
3 Code

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Virginia Law