Eugene Zincke v. Jane Rohrer ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Fitzpatrick, Overton and Senior Judge Hodges
Argued at Salem, Virginia
EUGENE ZINCKE AND
STORM ZINCKE
MEMORANDUM OPINION * BY
v. Record No. 2819-95-3 JUDGE NELSON T. OVERTON
JULY 2, 1996
JANE ROHRER AND HARRISONBURG
ROCKINGHAM SOCIAL SERVICES DISTRICT
FROM THE CIRCUIT COURT OF ROCKINGHAM COUNTY
Dennis L. Hupp, Judge
Dabney Overton, Jr., for appellants.
L. Quinn Taylor for appellee Harrisonburg
Rockingham Social Services District.
No brief or argument for appellee Jane
Rohrer.
Eugene and Storm Zincke appeal from the decision of the
circuit court to award custody of their niece to the Harrisonburg
Rockingham Social Services with the right to place the child for
adoption and to consent thereto. Appellants contend that the
circuit court judge did not properly consider several factors,
including the blood relationship between the appellants and the
child.
On appeal, we view the evidence in the light most favorable
to the party prevailing below, giving it all reasonable
inferences fairly deducible therefrom. Farley v. Farley, 9 Va.
App. 326, 328, 387 S.E.2d 794, 795 (1990). "Where, as here, the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
court hears the evidence ore tenus, its finding is entitled to
great weight and will not be disturbed on appeal unless plainly
wrong or without evidence to support it." Martin v. Pittsylvania
County Dep't of Social Servs., 3 Va. App. 15, 20, 348 S.E.2d 13,
16 (1986).
The record demonstrates that the circuit court gave proper
consideration to all of the issues of which appellants complain.
The evidence presented, particularly the lack of contact between
appellants and the child, clearly supports the conclusions of the
circuit court judge.
Accordingly, the order of the circuit court is affirmed.
Affirmed.
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