Paula Rose v. Rose

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

Paula Rose and Bradley Chaz Reed, Respondents,

v.

Charles Homer Rose, III, Appellant.

Appellate Case No. 2017-000574

Appeal From Greenville County
Gwendlyne Y. Jones, Family Court Judge

Unpublished Opinion No. 2019-UP-179
Submitted March 1, 2019 – Filed May 22, 2019

AFFIRMED AS MODIFIED

Kim R. Varner and Charles Grant Varner, both of Varner
& Segura; and J. Falkner Wilkes, all of Greenville, for
Appellant.

N. Douglas Brannon, of Kennedy & Brannon, P.A., of
Spartanburg, for Respondent.

PER CURIAM: Charles Homer Rose, III (Husband) appeals an amended decree
of divorce, arguing the family court erred by adding terms and conditions that were
not part of the parties' agreement as announced in court. We affirm as modified.
On appeal "from the family court, this [c]ourt reviews factual and legal issues de
novo." Simmons v. Simmons, 392 S.C. 412, 414-15, 709 S.E.2d 666, 667 (2011);
see also Lewis v. Lewis, 392 S.C. 381, 386, 709 S.E.2d 650, 652 (2011).

After thoroughly reviewing the record, we conclude the parties did not agree
Husband would pay Paula Rose (Wife) $5,000 in January and July. Rather, the
parties agreed that beginning in January 2017, Husband would pay Wife $5,000
during the two months each year1 that he received large disbursements from his
family trust and Husband would pay Wife one-half of his dividend check the
remaining ten months each year until Wife has received a total of $50,000.
Accordingly, we modify the family court order so as to require Husband to pay
Wife $5,000 in each of the two months he receives large dividend payments from
his family trust.

AFFIRMED AS MODIFIED.2

HUFF, THOMAS, and KONDUROS JJ., concur.

1
The record does not make clear which two months of the year Husband receives
the $5,000 disbursements.
2
We decide this case without oral argument pursuant to Rule 215, SCACR.