In the Matter of Young, Unpublished Decision (12-21-1999)
In the Matter of Young, Unpublished Decision (12-21-1999)
Opinion of the Court
On May 19, 1997, a complaint was filed in the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, asserting that Glenn and Nicholas, born September 21, 1993 and August 26, 1996, respectively, were neglected and dependent children, as defined in R.C.
On May 29, 1998, FCCS filed a motion for PCC pursuant to R.C.
Ms. Young (hereinafter "appellant") appeals, assigning the following errors:
ASSIGNMENT OF ERROR ONE
ASSIGNMENT OF ERROR TWOTHE COURT BELOW ABUSED ITS DISCRETION IN DENYING APPELLANT'S MOTION FOR A CONTINUANCE OF THE PROCEEDINGS.
THE TRIAL COURT'S DECISION SUSTAINING THE MOTION FOR PERMANENT CUSTODY WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
Preliminarily, we must address appellant's failure to file any objections to the magistrate's decision with the trial court. According to Juv.R. 40(E) (3) (a), appellant had fourteen days from the filing of the magistrate's decision to file written objections to the decision. Appellant failed to file any objections to the magistrate's decision. She presents no reasons as to why no objections were filed with the trial court. Pursuant to Juv.R. 40(E) (3) (b), a "party shall not assign as error on appeal the court's adoption of any finding of fact or conclusion of law unless the party has objected to that finding or conclusion under this rule." Appellant's failure to file objections in compliance with the rule precludes her from appealing the issues decided in the magistrate's decision. See State ex rel. Kruegerv. Siedlecki (June 16, 1999), Medina App. No. 2868-M, unreported;In re Kasler (Dec. 23, 1997), Franklin App. No. 97APF05-726, unreported (1997 Opinions 5371, 5374); In re Van Sickle (June 5, 1997), Franklin App. No. 96APF10-1428, unreported (1997 Opinions 2147, 2150) (a mother's failure to object to the magistrate's decision granting PCC to FCCS barred her from asserting any errors to that decision upon appeal pursuant to Juv.R. 40[E][3][b]).
However, even if appellant's arguments were properly before this court, we find such arguments without merit. Regarding appellant's first assignment of error, the granting or denial of a request for a continuance is within the broad discretion of the trial court. State v. Grant (1993),
Appellant argues in her second assignment of error that the trial court's granting of PCC was against the manifest weight of the evidence. After reviewing the record, we find that there was clear and convincing evidence demonstrating that it is in the best interest of the children not to remain with appellant. See R.C.
Accordingly, appellant's assignments of error are overruled, and the judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, is affirmed.
Judgment affirmed.
TYACK and KENNEDY, JJ., concur.
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