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2009-UP-163 - SCDSS v. David S.

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

South Carolina Department of Social Services, Respondent,

v.

Shawna O., David S., and Sebastian S., Defendants,

of whom David S. is the Appellant.

In the interests of five minor children under the age of 18.


Appeal From Aiken County
Peter R. Nuessle, Family Court Judge


Unpublished Opinion No.  2009-UP-163
Submitted March 2, 2009 – Filed April 6, 2009


AFFIRMED


Charles C. Mayers, of Augusta, for Appellant.

Amanda F. Whittle, of Aiken, for Respondent.

Patrick A. McWilliams, of Aiken, for Guardian Ad Litem.

PER CURIAM:. David S. appeals from the family court’s order issued September 15, 2008, following a removal merits hearing.  After a thorough review of the record and the family court’s findings of fact and conclusions of law, pursuant to Ex Parte Cauthen, 291 S.C. 465, 354 S.E.2d 381 (1987) and S.C. Dep’t of Soc. Servs. v. Frederick Downer, Sr., S.C. Sup. Ct. Order dated February 2, 2005 (expanding the procedure set forth in Cauthen to situations where an indigent person appeals from an order imposing other measures short of termination of parental rights), we find no meritorious issues warrant briefing.  Accordingly, we affirm the family court’s ruling and grant counsel’s petition to be relieved.

AFFIRMED.[1]

HEARN, C.J., GEATHERS, J., and GOOLSBY, A.J., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.