Lawrence Fauntleroy v. Newport News Department of Human Services

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
LAWRENCE FAUNTLEROY
MEMORANDUM OPINION*
v. 	Record No. 1523-08-1 	PER CURIAM
DECEMBER 9, 2008
NEWPORT NEWS DEPARTMENT
OF HUMAN SERVICES
FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS
Aundria D. Foster, Judge
(Mark L. Williams, on brief), for appellant.
(Robert E. Pealo, Assistant City Attorney; Saiba Kamal, Guardian ad
litem for the infant child, on brief), for appellee.
Lawrence Fauntleroy appeals the termination of his parental rights to his child pursuant to
Code § 16.1-283(E). Fauntleroy argues it was not in his child’s best interests to terminate his rights
because a parenting capacity evaluation noted that he had parenting strengths and that he displayed
an active interest in the child. Fauntleroy concedes he failed to present this argument to the trial
court and invokes the ends of justice exception to Rule 5A:18. Upon reviewing the record and
briefs of the parties, we conclude this appeal is without merit. Accordingly, we summarily affirm
the decision of the circuit court. See Rule 5A:27.
On March 4, 2008, the juvenile and domestic relations district court (JDR court) terminated
Fauntleroy’s parental rights to his child. Fauntleroy appealed to the circuit court, but he failed to
appear for the scheduled hearing on June 2, 2008. The circuit court dismissed Fauntleroy’s appeal
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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for the failure to prosecute and remanded the case to the JDR court for imposition of its order
involuntarily terminating Fauntleroy’s parental rights.
Code § 16.1-106.1(D) provides in part:
If a party who has appealed a judgment or order of a district court
fails to appear in circuit court either at the time for setting the
appeal for trial or on the trial date, the circuit court may, upon the
motion of any party, enter an order treating the appeal as
withdrawn and disposing of the case in accordance with this
section.
Fauntleroy failed to appear for the hearing in circuit court. Accordingly, the circuit court
did not err in dismissing Fauntleroy’s appeal and remanding the case to the JDR court for
Fauntleroy’s failure to prosecute his appeal. Therefore, we summarily affirm the decision of the
circuit court. See Rule 5A:27.
Affirmed.