Bernice Wilson v. Fairfax County Dept. Family Servs ( 2002 )


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  •                       COURT OF APPEALS OF VIRGINIA
    Present:   Judge Elder, Senior Judges Overton and Bray
    BERNICE WILSON
    MEMORANDUM OPINION *
    v.   Record No. 0887-02-4                      PER CURIAM
    SEPTEMBER 17, 2002
    FAIRFAX COUNTY DEPARTMENT OF
    FAMILY SERVICES
    FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
    R. Terrence Ney, Judge
    (Francis G. McBride, on brief), for
    appellant.
    (David P. Bobzien, County Attorney; Peter D.
    Andreoli, Deputy County Attorney; Dennis R.
    Bates, Senior Assistant County Attorney;
    Jessica C. Friedman, Assistant County
    Attorney, on brief), for appellee.
    (Glenn L. Clayton, II, on brief), Guardian
    ad litem for Justin Wilson, Sr., father of
    the infant children.
    (Michael S. Arif; Martin, Arif, Petrovich &
    Walsh, on brief), Guardian ad litem for the
    infant children.
    Bernice Wilson (mother) appeals the decision of the circuit
    court dismissing her appeal from the juvenile and domestic
    relations district (JDR) court for failure to appear.     She argues
    the trial court abused its discretion.   Upon reviewing the record
    and briefs of the parties, we conclude that this appeal is without
    * Pursuant to Code § 17.1-413, this opinion is not
    designated for publication.
    merit.    Accordingly, we summarily affirm the decision of the trial
    court.    See Rule 5A:27.
    On appeal, we view the evidence and all the reasonable
    inferences in the light most favorable to appellee as the party
    prevailing below.   See McGuire v. McGuire, 
    10 Va. App. 248
    , 250,
    
    391 S.E.2d 344
    , 346 (1990).
    BACKGROUND
    Mother's twin children were removed from her care following
    findings of abuse and neglect.    They were placed in the home of
    mother's cousin, Denise Shelton, and her husband.   On January 9,
    2001, the Sheltons petitioned the JDR court to be relieved of the
    custody of the children, citing destructive behavior.   Earlene
    Young, mother's mother, and mother each filed petitions for
    custody in response.   On June 19, 2001, the district court granted
    the Sheltons' petitions for relief of custody and denied mother's
    and Young's custody petitions.
    Mother and Young both noted appeals to the circuit court, and
    a trial de novo was scheduled for January 22, 2002.   On that date,
    mother and Young failed to appear when the case was called.
    Counsel for the Sheltons and the Department of Family Services
    moved the court to dismiss the appeal based on mother's failure to
    appear.    The trial court granted the motion.
    ANALYSIS
    Issues related to control of a court's docket are committed
    to the sound discretion of the court, and will not be reversed
    - 2 -
    on appeal unless there is a showing of an abuse of discretion
    and prejudice to the party seeking a different trial date.         See
    Mills v. Mills, 
    232 Va. 94
    , 96, 
    348 S.E.2d 250
    , 252 (1986)
    (citing Autry v. Bryan, 
    224 Va. 451
    , 454, 
    297 S.E.2d 690
    , 692
    (1982)).   "The determination whether a trial court has abused
    its discretion is fact-specific."      Walsh v. Bennett, 
    260 Va. 171
    , 175, 
    530 S.E.2d 904
    , 907 (2000).
    The circuit court was aware that mother had failed to
    appear before the district court on several occasions.     Her
    absence was voluntary and unexplained.     Counsel for mother did
    not ask the court to proceed without her presence and only
    "ask[ed] the court's indulgence as far as her arrival [was]
    concerned."   Mother has not demonstrated that the trial court
    abused its discretion by dismissing the appeal.
    Accordingly, we summarily affirm the decision of the trial
    court.   See Rule 5A:27.
    Affirmed.
    - 3 -
    

Document Info

Docket Number: 0887024

Filed Date: 9/17/2002

Precedential Status: Non-Precedential

Modified Date: 4/18/2021