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Best v. Glover

Court of Appeals of South Carolina
May 15, 2013
2013-UP-194 (S.C. Ct. App. May. 15, 2013)

Opinion

2013-UP-194

05-15-2013

Hartford R. Best, Appellant, v. Samuel B. Glover, Director of the South Carolina Department of Probation, Parole and Pardon Board, Respondent. Appellate Case No. 2011-184506

Hartford Best, pro se. Tommy Evans, Jr., of the South Carolina Department of Probation, Parole and Pardon Board, of Columbia, for Respondent.


UNPUBLISHED OPINION

Submitted March 1, 2013

Appeal From Richland County L. Casey Manning, Circuit Court Judge

Hartford Best, pro se.

Tommy Evans, Jr., of the South Carolina Department of Probation, Parole and Pardon Board, of Columbia, for Respondent.

PER CURIAM

Because a procedural defect precludes meaningful review of this appeal, we dismiss pursuant to Rule 220(b), SCACR, and the following authority:

Rule 211(b), SCACR (requiring the content of a party's final brief to be identical to the initial brief, with the exception of including references to the record on appeal and correcting obvious typographical errors and misspellings contained in the initial brief).

We also find the appeal fails on the merits because Best did not demonstrate the lack of any other legal remedy. See Redmond v. Lexington Co. Sch. Dist., 314 S.C. 431, 437, 445 S.E.2d 441, 445 (1994) (providing to obtain a writ of mandamus, the applicant must show the co-existence of four elements, including a lack of any other legal remedy). Best's failure to seek post-conviction relief warranted dismissal of his petition for a writ of mandamus. See S.C. Code Ann. § 17-27-20(a)(5) (2003) (providing post-conviction relief is the exclusive remedy for challenging the parole board unlawfully revoked a person's parole).

APPEAL DISMISSED.

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

FEW, C.J, and GEATHERS and LOCKEMY, JJ, concur


Summaries of

Best v. Glover

Court of Appeals of South Carolina
May 15, 2013
2013-UP-194 (S.C. Ct. App. May. 15, 2013)
Case details for

Best v. Glover

Case Details

Full title:Hartford R. Best, Appellant, v. Samuel B. Glover, Director of the South…

Court:Court of Appeals of South Carolina

Date published: May 15, 2013

Citations

2013-UP-194 (S.C. Ct. App. May. 15, 2013)