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Scott v. Scott

THE STATE OF SOUTH CAROLINA In The Court of Appeals
May 9, 2012
Unpublished Opinion No. 2012-UP-281 (S.C. Ct. App. May. 9, 2012)

Opinion

2012-UP-281

05-09-2012

Willie C. Scott, Appellant, v. Dorothy S. Scott, Respondent.

Michael F. Talley, of Greenville, for Appellant. Andrew G. Goodson, of Fountain Inn, and Linda C. Hayes, of Greenville, for Respondent.


Unpublished Opinion

Submitted April 2, 2012

Appeal From Greenville County Robert N. Jenkins, Sr., Family Court Judge

Michael F. Talley, of Greenville, for Appellant.

Andrew G. Goodson, of Fountain Inn, and Linda C. Hayes, of Greenville, for Respondent.

PER CURIAM

Willie C. Scott (Husband) appeals the family court's order granting him a divorce and distributing the marital estate. On appeal, Husband argues the family court abused its discretion in (1) awarding Dorothy S. Scott (Wife) $49, 441.29 from Husband's retirement account; (2) failing to apportion the marital debt; and (3) failing to give Husband credit for his money spent on Wife's Toyota Avalon and furniture in the apportionment of the marital estate. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:

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

1. As to whether the family court abused its discretion in awarding Wife $49, 441.29 from Husband's retirement account: Doe v. Doe, 370 S.C. 206, 213, 634 S.E.2d 51, 55 (Ct. App. 2006) ("The division of marital property is in the family court's discretion and will not be disturbed absent an abuse of that discretion."); Deidun v. Deidun, 362 S.C. 47, 58, 606 S.E.2d 489, 495 (Ct. App. 2004) ("On appeal, this court looks to the overall fairness of the apportionment."); Morris v. Morris, 335 S.C. 525, 531, 517 S.E.2d 720, 723 (Ct. App. 1999) ("The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership.... Upon dissolution of the marriage, marital property should be divided and distributed in a manner which fairly reflects each spouse's contribution to its acquisition, regardless of who holds legal title." (citation and quotation marks omitted)); S.C. Code Ann. § 20-3-620(B) (Supp. 2011) (identifying fifteen factors for the court to consider in equitably apportioning a marital estate).

2. As to whether the family court abused its discretion in failing to apportion the marital debt and give Husband credit for his money spent on Wife's Toyota Avalon and furniture: Doe v. Doe, 370 S.C. 206, 212, 634 S.E.2d 51, 54-55 (Ct. App. 2006) (finding the wife failed to preserve an issue for appellate review because she did not raise it to the family court or through a Rule 59(e), SCRCP, motion).

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.


Summaries of

Scott v. Scott

THE STATE OF SOUTH CAROLINA In The Court of Appeals
May 9, 2012
Unpublished Opinion No. 2012-UP-281 (S.C. Ct. App. May. 9, 2012)
Case details for

Scott v. Scott

Case Details

Full title:Willie C. Scott, Appellant, v. Dorothy S. Scott, Respondent.

Court:THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: May 9, 2012

Citations

Unpublished Opinion No. 2012-UP-281 (S.C. Ct. App. May. 9, 2012)