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In re Estate of Hinson

Supreme Court of South Carolina
Dec 19, 2011
2011-MO-039 (S.C. Dec. 19, 2011)

Opinion

2011-MO-039

12-19-2011

In the Matter of the Estate of Reba P. Hinson, Probate 2008-ES-12-297, Mell Woods, Petitioner, v. Robert H. Breakfield, as Personal Representative of the Estate of Reba P. Hinson, Respondent.

Mell Woods, Pro Se, of Lancaster. B. Michael Brackett, of Moses Koon & Brackett, of Columbia, for Respondent.


UNPUBLISHED OPINION

Submitted December 14, 2011

Appeal From Chester County Brooks P. Goldsmith, Probate Court Judge

Mell Woods, Pro Se, of Lancaster.

B. Michael Brackett, of Moses Koon & Brackett, of Columbia, for Respondent.

MEMORANDUM OPINION

PER CURIAM

Petitioner seeks a writ of certiorari to review the Court of Appeals' dismissal of his appeal. The Court of Appeals dismissed the appeal because petitioner failed to serve and file a notice of appeal from the final order granting respondent's motion for summary judgment and instead served and filed a notice of appeal from a subsequent order denying his Rule 59(e), SCRCP, motion, without any mention of the earlier order. We grant the petition for a writ of certiorari, dispense with further briefing, reverse the order of dismissal, and remand this matter to the Court of Appeals for consideration of petitioner's appeal. See Weatherford v. Price, 340 S.C. 572, 532 S.E.2d 310 (Ct. App. 2000); Charleston Lumber Co. v. Miller Housing Corp., 318 S.C. 471, 458 S.E.2d 431 (Ct. App. 1995).

REVERSED AND REMANDED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur. -->


Summaries of

In re Estate of Hinson

Supreme Court of South Carolina
Dec 19, 2011
2011-MO-039 (S.C. Dec. 19, 2011)
Case details for

In re Estate of Hinson

Case Details

Full title:In the Matter of the Estate of Reba P. Hinson, Probate 2008-ES-12-297…

Court:Supreme Court of South Carolina

Date published: Dec 19, 2011

Citations

2011-MO-039 (S.C. Dec. 19, 2011)