Lowther v. Lowther

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.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Mitchell S. Lowther and Carmon

B. Lowther, Respondents, v.

E. Legrand Lowther, Appellant. __________

Appeal From Jasper County

Darrell T. Johnson, Jr., Special Referee __________

Unpublished Opinion No. 2012-UP-395

Heard April 9, 2012 – Filed June 27, 2012 __________

VACATED AND REMANDED __________

H. Fred Kuhn, Jr., of Moss, Kuhn & Fleming, P.A., of Beaufort, for Appellant.

R. Thayer Rivers, Jr., of Law Office of R. Thayer Rivers, Jr., of Ridgeland, for Respondents.

PER CURIAM: E. Legrand Lowther appeals the special referee's order voiding a deed, which transferred property to Legrand from his brother and sister-in-law, Mitchell S. and Carmon B. Lowther. Because the order is unclear, we vacate and remand finding more specific factual findings and conclusions of law by the special referee are necessary for appellate review. See In re Treatment & Care of Luckabaugh, 351 S.C. 122, 131-34, 568 S.E.2d 338, 342-44 (2002) (vacating and remanding where the order on appeal provided no findings of fact to support its ultimate legal conclusion as required by Rule 52(a), SCRCP); Holcombe v. Hardee, 304 S.C. 522, 524-25, 405 S.E.2d 821, 822-23 (1991) (reversing and remanding a family court order for further findings of fact to support its conclusions); Bowen v. Lee Process Sys. Co., 342 S.C. 232, 241, 536 S.E.2d 86, 91 (Ct. App. 2000) (vacating and remanding a form order granting summary judgment for specific identification of facts and accompanying legal analysis).

VACATED AND REMANDED.

FEW, C.J., and HUFF and SHORT, JJ., concur.