IN RE: C.C.P.W.,
A Minor Juvenile. Wilson County
No. 06 JA 105
Stephen L. Beaman, for petitioner-appellee Wilson County
Department of Social Services.
Millicent C. Graves, for appellee Guardian ad Litem.
Carol Ann Bauer, for respondent-appellant father.
STROUD, Judge.
On 29 August 2006, the Wilson County Department of Social
Services filed a juvenile petition alleging that the minor child,
C.C.P.W., was abused, neglected and dependent due to inappropriate
discipline by father which resulted in serious physical injury to
C.C.P.W. The petition named C.C.P.W.'s father and stepmother, with
whom C.C.P.W. resided, as well as C.C.P.W.'s biological mother, who
had court-ordered visitation with C.C.P.W. on alternating weekends.
On 30 November 2006, the trial court entered an adjudication and
disposition order adjudicating C.C.P.W. as abused, neglected and
dependent as to father and stepmother. The court also adjudicatedC.C.P.W. as dependent as to C.C.P.W.'s biological mother. Father
now appeals the trial court's order.
Father's sole assignment of error in the record is that the
trial court committed prejudicial error when it overruled his
objections to inadmissable hearsay testimony during the
adjudication hearing. However, father has failed to assign error
to any of the trial court's conclusions of law or findings of fact.
This Court has previously held that the failure to assign
error to conclusions of law constitutes an acceptance of the
conclusion[s] and a waiver of the right to challenge said
conclusion[s] as unsupported by the facts. Fran's Pecans, Inc. v.
Greene, 134 N.C. App. 110, 112, 516 S.E.2d 647, 649 (1999); see
also In re J.A.A. & S.A.A., 175 N.C. App. 66, 74, 623 S.E.2d 45, 50
(2005) (applying this rule to appeal of termination of parental
rights). This Court has also held that
where no exception is taken to a finding of
fact by the trial court, the finding is
presumed to be supported by competent evidence
and is binding on appeal. Furthermore, the
scope of review on appeal is limited to those
issues presented by assignment of error in the
record on appeal.
Koufman v. Koufman, 330 N.C. 93, 97-98, 408 S.E.2d 729, 731 (1991)
(internal citations omitted).
Father's failure to challenge any finding of fact or
conclusion of law in the trial court's adjudication order precludes
this Court from reversing the trial court's judgment. Consequently,
we affirm the trial court's order.
Affirmed.
Judges JACKSON and STEPHENS concur.
Report per Rule 30(e).
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