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Unpublished Opinion No. 2012-UP-395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
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VACATED AND REMANDED
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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.