Landers v. Cloninger

CourtListener 10137041ScctappJun 25, 2003

Full text

Pamela J

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

David Paul Landers and Brenda Ann Landers,       
Respondents,

v.

Pamela J. Cloninger and Oda Thorne, Defendants, Of Whom Pamela J. Cloninger
is        Appellant.

Appeal From Spartanburg County

Billy A. Tunstall, Jr. , Family Court
Judge

Unpublished Opinion No. 2003-UP-434

Submitted April 18, 2003 – Filed June
25, 2003

AFFIRMED

David Christopher Sereque of S.C. Centers for Equal Justice,
of Spartanburg, for Appellant.

James Fletcher Thompson, of Spartanburg, for Respondents.

David Harold Hanna, Sr., of Spartanburg, P.O. Box 1904,
for Guardian Ad Litem.

PER CURIAM:  Pamela J. Cloninger appeals
from the termination of her parental rights to her minor child.  The family
court found the following grounds were proved by clear and convincing evidence:
the child or another child has been harmed and because of the severity or repetition
of the abuse or neglect, it is not reasonably likely that the home can be made
safe within a twelve month period; wilfull failure to support; and the parent
has a diagnosable condition unlikely to change within a reasonable time and
the condition makes the parent unlikely to provide minimally acceptable care
of the child.  S.C. Code Ann. § 20-7-1572 (1), (4) & (6) (Supp. 2002). 
The family court also found the best interests of the child were served by terminating
Cloninger’s parental rights and allowing David Paul Landers and Brenda Ann Landers
to adopt the child. 

Pursuant to Ex parte Cauthen, 291
S.C. 465, 354 S.E.2d 381 (1987), Cloninger’s counsel attached to the record
of the family court proceedings an affidavit stating his belief that the appeal
lacks merit.  Neither the Landers nor Cloninger filed a response to counsel’s
affidavit.

Upon reviewing the record and the family
court’s determination in its entirety, we find no meritorious issues warranting
briefing.  Accordingly, the family court’s decision is

AFFIRMED.

CURETON, ANDERSON, and HUFF, JJ., concur.

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