stating that an appealed order should be affirmed when any IN RE L.D., A.D. 2022-NCSC-40 Opinion of the Court one of the grounds found by the trial court is supported by findings of fact based on clear, cogent, and convincing evidence
How later courts described this case
- stating that an appealed order should be affirmed when any IN RE L.D., A.D. 2022-NCSC-40 Opinion of the Court one of the grounds found by the trial court is supported by findings of fact based on clear, cogent, and convincing evidence
- holding that an appealed order should be affirmed when any of the grounds for termination upon which the trial court relied are supported by findings of fact based on clear, cogent, and convincing evidence
- stating that, "[i]f either of the three grounds aforementioned is supported by findings of fact based on clear, cogent and convincing evidence, the order appealed from should be affirmed"
- holding that an appealed order should be affirmed when any one of the grounds found by the trial court is supported by findings of fact based on clear, cogent, and convincing evidence
Written by the judges who cited it.
The opinion
Justice Mitchell
concurring.
I share Justice Carlton’s view that, when neglect is to be used as a statutory ground for terminating parental rights, a finding of neglect must be based on conduct reasonably close in time to the filing of the petition to terminate. I disagree with the majority view on this point only.
I concur in the opinion of the majority as it relates to the two remaining statutory grounds for termination of parental rights relied upon by the trial court. As either of these two grounds is adequate standing alone to support the judgment of the trial court, I also concur in the result reached by the majority.
Justice MEYER joins in this concurring opinion.