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Figueroa v. Figueroa

Court of Appeals of South Carolina
Jun 13, 2018
2018-UP-251 (S.C. Ct. App. Jun. 13, 2018)

Opinion

2018-UP-251

06-13-2018

Mitria Figueroa, Respondent, v. Jesus E. Figueroa, Appellant. Appellate Case No. 2016-000909

Megan Catherine Hunt Dell, of Dell Family Law, P.C., of Charleston, for Appellant. Mitria Figueroa, of Goose Creek, pro se.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Submitted May 1, 2018

Appeal From Berkeley County Jack A. Landis, Family Court Judge

Megan Catherine Hunt Dell, of Dell Family Law, P.C., of Charleston, for Appellant.

Mitria Figueroa, of Goose Creek, pro se.

PER CURIAM.

Jesus E. Figueroa (Husband) appeals the family court's summary denial of a Rule 60(b)(1), SCRCP, motion filed by Mitria Figueroa (Wife) which Husband joined in seeking the requested relief.

Our record indicates the family court judge recused himself from the case and simultaneously denied the Rule 60(b)(1) motion. Under these circumstances, we find it appropriate to vacate the order and remand the matter to be reassigned to a different family court judge for consideration of the parties' joint Rule 60(b)(1) motion.

VACATED AND REMANDED.

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

SHORT, THOMAS, and HILL, JJ., concur.


Summaries of

Figueroa v. Figueroa

Court of Appeals of South Carolina
Jun 13, 2018
2018-UP-251 (S.C. Ct. App. Jun. 13, 2018)
Case details for

Figueroa v. Figueroa

Case Details

Full title:Mitria Figueroa, Respondent, v. Jesus E. Figueroa, Appellant. Appellate…

Court:Court of Appeals of South Carolina

Date published: Jun 13, 2018

Citations

2018-UP-251 (S.C. Ct. App. Jun. 13, 2018)