Eugene Zincke, et al. v Jane Rohrer, et al.

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COURT OF APPEALS OF VIRGINIA Present: Judges Fitzpatrick, Overton and Senior Judge Hodges Argued at Salem, Virginia EUGENE ZINCKE AND STORM ZINCKE v. Record No. 2819-95-3 JANE ROHRER AND HARRISONBURG ROCKINGHAM SOCIAL SERVICES DISTRICT MEMORANDUM OPINION * BY JUDGE NELSON T. OVERTON JULY 2, 1996 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. - 2 -

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