IN RE DAVIS/EVANS MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of EDWARD DENNY DAVIS
and JAMES ALEXANDER EVANS,
Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
January 4, 2002
Petitioner-Appellee,
v
No. 230238
Wayne Circuit Court
Family Division
LC No. 98-366078-NA
ANGELA PEAKE,
Respondent-Appellant,
and
JAMES EDWARD DAVIS and LLEWELYN
HOUSTON,
Respondents
Before: Meter, P.J., and Jansen and Gotham*, JJ.
MEMORANDUM.
Respondent appeals as of right from the order terminating her parental rights to her minor
children under MCL 712A.19b(3)(a)(ii), (c)(i), (g), and (j). We affirm. This case is being
decided without oral argument pursuant to MCR 7.214(E).
Respondent does not challenge the trial court’s conclusions regarding the statutory
grounds for termination. Rather, respondent claims the trial court erred in not dismissing the
permanent custody petition due to staleness. The trial court did not abuse its discretion in
granting adjournments, some of which were requested by respondent, that exceeded the time
limitations of MCR 5.974(F)(1)(b). Failure to follow the time limitations of that subsection does
not automatically require dismissal of the termination order. See In re Kirkwood, 187 Mich App
542, 546; 468 NW2d 280 (1991). Where, as here, respondent was not prejudiced by the
adjournments, there is no abuse of discretion. In re Jackson, 199 Mich App 22, 28-29; 501
* Circuit judge, sitting on the Court of Appeals by assignment.
-1-
NW2d 182 (1993). The trial court therefore did not err in terminating respondent’s parental
rights to the children.
Affirmed.
/s/ Patrick M. Meter
/s/ Kathleen Jansen
/s/ Roy D. Gotham
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