Lehman v. Lehman

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Stephen J. Lehman and Kimberly A. Lehman, Petitioners,       
Appellants,

In the Matter of Kaleigh Lehman:  Nadia Black, Guardian ad
Litem, and
Carolina First Bank, Court Appointed Conservator,       
Respondents.

Appeal From Horry County

Lynn H. Fox, Associate Judge of Probate

Unpublished Opinion No. 2003-UP-013

Submitted October 22, 2002 – Filed January
7, 2003   

REVERSED

Clifford H. Tall, of Myrtle Beach, for Appellants

Carolina First Bank, Court Appointed Conservator, of Myrtle
Beach; Nadia Rasheed Black, of Myrtle Beach; pro se.

PER CURIAM:  Kimberly
and Stephen Lehman appeal the probate court’s refusal to award from their minor
daughter’s estate reasonable legal expenses necessarily incurred to establish
a conservatorship over the daughter’s estate.  We reverse.

The Respondents, the Guardian
ad Litem and Carolina First Bank, did not file a brief.  If a respondent fails
to file a brief, the appellate court may take such action as it deems proper. 
Rule 208(a)(4), SCACR; see Turner v. Santee Cement Carriers, Inc.,
277 S.C. 91, 282 S.E.2d 858 (1981) (finding where respondent did not file brief,
the Supreme Court could take such action upon the appeal as it deemed proper;
although failure alone would justify reversal, the Court simply considered it
as an additional ground); Wierszewski v. Tokarick, 308 S.C. 441, 418
S.E.2d 557 (Ct. App. 1992) (deeming it proper to reverse on points presented,
rather than search the record for reasons to affirm where respondent did not
file a brief).

Here, the record reveals the Lehmans incurred legal
expenses in pursuing a conservatorship over their minor daughter’s estate. 
By not filing a brief, the Respondents impliedly consent that the expenses were
properly charged to the minor daughter’s estate.  Therefore, we reverse the
probate court’s refusal to reimburse the Lehmans for legal expenses necessary
to establish the conservatorship.   

REVERSED.

CONNOR, STILWELL, and
HOWARD, JJ., concur.