North Carolina Lawyers Weekly
Before terminating the respondent-mother’s parental rights, the trial court denied respondent’s motion to continue. In its order denying the motion to continue, the trial court found this was the second time respondent had requested a continuance for reported illness without providing verification. Moreover, DSS said respondent had not attended any of the prior hearings “[s]o it’s not customary for her to be present.” Nevertheless, respondent’s attorney was present at the hearing and had the opportunity to cross-examine the witnesses and present opposing evidence. Respondent has not demonstrated that she suffered from any actual prejudice from the denial of the motion. Thus, the trial court’s decision to deny the motion was not manifestly unsupported by reason, and the trial court did not err in denying the motion to continue.
We affirm the termination of respondent’s parental rights.
In re J.M.L. (Lawyers Weekly No. 012-334-22, 11 pp.) (Toby Hampson, J.) Appealed from Gaston County District Court (John Greenlee, J.) Elizabeth Myrick Boone for petitioner; Edward Eldred for respondent; Greg Crumpler for guardian ad litem. 2022-NCCOA-537
