Taylor Walkingshield v. Culpepper Co. DSS ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
TAYLOR WALKINGSHIELD
AND
RICHARD MARLOWE
v. Record No. 1048-95-4 MEMORANDUM OPINION *
PER CURIAM
CULPEPER COUNTY DEPARTMENT FEBRUARY 20, 1996
OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF CULPEPER COUNTY
John R. Cullen, Judge
(Monica J. Chernin, on brief), for appellants.
No brief for appellee.
Taylor Walkingshield and Richard Marlowe appeal the decision
of the circuit court denying their petition to vacate and hold
void the October 19, 1994 consent order of the juvenile and
domestic relations district court. The appellants challenged the
district court order because no guardian ad litem had been
appointed for their minor child at the time of the order. Upon
reviewing the record and opening brief, we conclude that this
appeal is without merit. Accordingly, we summarily affirm the
decision of the trial court. Rule 5A:27.
"On appeal, the judgment of the trial court is presumed to
be correct; its findings will not be overturned by this Court
except in cases of manifest error. The burden is upon the party
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
alleging trial court error to show by the record that the
judgment was erroneous." Steinberg v. Steinberg, 11 Va. App.
323, 326, 398 S.E.2d 507, 508 (1990). The circuit court found
that the district court order from which the appeal was taken was
"an interlocutory order which made no findings and was not
dispositive," and was "a temporary order, did not adjudicate the
issues or render a final disposition, and is not void for failure
of the court to appoint a Guardian ad litem" prior to the entry
of the order.
Under Code § 16.1-296, an appeal to the appropriate circuit
court may be taken from "any final order or judgment of the
juvenile court." The record supports the circuit court's
findings, and demonstrates that the district court order was not
a final order. Accordingly, the decision of the circuit court is
summarily affirmed.
Affirmed.
2