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Gardner v. State

Supreme Court of South Carolina
Dec 19, 2011
2011-MO-040 (S.C. Dec. 19, 2011)

Opinion

2011-MO-040

12-19-2011

Freddie Gardner, Petitioner, v. State of South Carolina, Respondent.

Freddie Gardner, Pro Se. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley Elliott, and Assistant Attorney General Mary S. Williams, Office of the Attorney General, of Columbia, for Respondents.


UNPUBLISHED OPINION

Submitted December 14, 2011

Appeal From Lee County, R. Ferrell Cothran, Jr., Circuit Court Judge

Freddie Gardner, Pro Se.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley Elliott, and Assistant Attorney General Mary S. Williams, Office of the Attorney General, of Columbia, for Respondents.

MEMORANDUM OPINION

PER CURIAM

This is an appeal from an order of the circuit court denying petitioner's Rule 60(b), SCRCP, motion. Petitioner filed a notice of appeal and a "Rule 243(c) Explanation" with attached documentation. Because Rule 243(c), SCACR, does not apply in this appeal from the denial of a Rule 60(b) motion, no explanation was required. Accordingly, we have construed the explanation, and the documentation attached thereto, as petitioner's brief and record for purposes of this appeal.

We affirm the decision of the circuit court pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 60(b), SCRCP; Linda McCompany, Inc. v. Shore, 390 S.C. 543, 703 S.E.2d 499 (2010).

AFFIRMED.

TOAL, C.J., BEATTY, KITTREDGE and HEARN, JJ., concur. PLEICONES, J., not participating.


Summaries of

Gardner v. State

Supreme Court of South Carolina
Dec 19, 2011
2011-MO-040 (S.C. Dec. 19, 2011)
Case details for

Gardner v. State

Case Details

Full title:Freddie Gardner, Petitioner, v. State of South Carolina, Respondent.

Court:Supreme Court of South Carolina

Date published: Dec 19, 2011

Citations

2011-MO-040 (S.C. Dec. 19, 2011)