COURT OF APPEALS OF VIRGINIA 

Present: Judge Elder, Senior Judges Overton and Bray 

BERNICE WILSON 

 MEMORANDUM OPINION*

v. Record No. 0887-02-4 PER CURIAM 

 SEPTEMBER 17, 2002 

FAIRFAX COUNTY DEPARTMENT OF 

 FAMILY SERVICES 

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY 

R. Terrence Ney, Judge 

 (Francis G. McBride, on brief), for 

appellant. 

 (David P. Bobzien, County Attorney; Peter D. 

Andreoli, Deputy County Attorney; Dennis R. 

Bates, Senior Assistant County Attorney; 

Jessica C. Friedman, Assistant County 

Attorney, on brief), for appellee. 

 (Glenn L. Clayton, II, on brief), Guardian 

ad litem for Justin Wilson, Sr., father of 

the infant children. 

 (Michael S. Arif; Martin, Arif, Petrovich & 

Walsh, on brief), Guardian ad litem for the 

infant children. 

 Bernice Wilson (mother) appeals the decision of the circuit 

court dismissing her appeal from the juvenile and domestic 

relations district (JDR) court for failure to appear. She argues 

the trial court abused its discretion. Upon reviewing the record 

and briefs of the parties, we conclude that this appeal is without 

 

* Pursuant to Code § 17.1-413, this opinion is not 

designated for publication.
merit. Accordingly, we summarily affirm the decision of the trial 

court. See Rule 5A:27. 

 On appeal, we view the evidence and all the reasonable 

inferences in the light most favorable to appellee as the party 

prevailing below. See McGuire v. McGuire, 10 Va. App. 248, 250, 

391 S.E.2d 344, 346 (1990). 

BACKGROUND

 Mother's twin children were removed from her care following 

findings of abuse and neglect. They were placed in the home of 

mother's cousin, Denise Shelton, and her husband. On January 9, 

2001, the Sheltons petitioned the JDR court to be relieved of the 

custody of the children, citing destructive behavior. Earlene 

Young, mother's mother, and mother each filed petitions for 

custody in response. On June 19, 2001, the district court granted 

the Sheltons' petitions for relief of custody and denied mother's 

and Young's custody petitions. 

 Mother and Young both noted appeals to the circuit court, and 

a trial de novo was scheduled for January 22, 2002. On that date, 

mother and Young failed to appear when the case was called. 

Counsel for the Sheltons and the Department of Family Services 

moved the court to dismiss the appeal based on mother's failure to 

appear. The trial court granted the motion. 

ANALYSIS

 Issues related to control of a court's docket are committed 

to the sound discretion of the court, and will not be reversed 

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on appeal unless there is a showing of an abuse of discretion 

and prejudice to the party seeking a different trial date. See

Mills v. Mills, 232 Va. 94, 96, 348 S.E.2d 250, 252 (1986) 

(citing Autry v. Bryan, 224 Va. 451, 454, 297 S.E.2d 690, 692 

(1982)). "The determination whether a trial court has abused 

its discretion is fact-specific." Walsh v. Bennett, 260 Va. 

171, 175, 530 S.E.2d 904, 907 (2000). 

 The circuit court was aware that mother had failed to 

appear before the district court on several occasions. Her 

absence was voluntary and unexplained. Counsel for mother did 

not ask the court to proceed without her presence and only 

"ask[ed] the court's indulgence as far as her arrival [was] 

concerned." Mother has not demonstrated that the trial court 

abused its discretion by dismissing the appeal. 

 Accordingly, we summarily affirm the decision of the trial 

court. See Rule 5A:27. 

Affirmed. 

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