First Union Nat'l Bank of SC v. Hitman, Inc.

Supreme Court of South Carolina
First Union Nat'l Bank of SC v. Hitman, Inc., 418 S.E.2d 545 (S.C. 1992)
308 S.C. 421; 1992 S.C. LEXIS 135
Per Curiam

First Union Nat'l Bank of SC v. Hitman, Inc.

Opinion

Per Curiam:

We granted certiorari to review the decision of the Court of Appeals in First Union National Bank of South Carolina v. Hitman, et al., — S.C. — , 411 S.E. (2d) 681 (Ct. App. 1991). We affirm.

The sole question before us is whether a trial judge commits reversible error by issuing a written order which is in conflict with his prior oral ruling from the bench. We agree *422 with the analysis of the Court of Appeals, and hold that a judge is not bound by the prior oral ruling and may issue a written order which is in conflict with the oral ruling. To the extent McCranie v. Davis, 278 S.C. 513, 299 S.E. (2d) 338 (1983), is inconsistent with this opinion, it is overruled. Accordingly, the decision of the Court of Appeals is

Affirmed.

Reference

Full Case Name
FIRST UNION NATIONAL BANK OF SOUTH CAROLINA, Respondent v. HITMAN, INC., Mark D. Axler, Sherry A. Axler, NCNB South Carolina, of Whom Hitman Inc., is Petitioner, and Chris Construction Company Is, Intervenor
Cited By
23 cases
Status
Published