Peterson v. Spence

Full title: PETERSON et al. v. SPENCE

Court: Court of Appeals of Georgia

Date published: Jun 12, 1978

245 S.E.2d 871 (Ga. Ct. App. 1978)

245 S.E.2d 871

Opinion

55859.

ARGUED MAY 4, 1978.

DECIDED JUNE 12, 1978.

Adoption. Gwinnett Superior Court. Before Judge Pittard.

James W. Garner, Dennis T. Still, for appellants.

William J. Porter, Jr., for appellee.

QUILLIAN, Presiding Judge.

Appeal was taken from the final order of adoption by the maternal grandmother and other relatives of three adopted children. Held:

In adoption proceedings where the trial judge sits as the trier of factual issues and considers the credibility of the witnesses, if there is any evidence to support the findings of the trial court this court must affirm. Hamrick v. Seward, 126 Ga. App. 5, 7 ( 189 S.E.2d 882). The evidence was sufficient to support the findings. On appeal the evidence must be construed to uphold the findings and judgment rather than to destroy them. Wiles v. Brothers, 138 Ga. App. 616 (3) ( 226 S.E.2d 805). We find the trial judge did not abuse his discretion.

Judgment affirmed. Webb and McMurray, JJ., concur.

ARGUED MAY 4, 1978 — DECIDED JUNE 12, 1978.