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.
We decide this case without oral argument pursuant to Rule 215, SCACR.
SHORT, THOMAS, and HILL, JJ., concur.