Childers v. Medlock

Supreme Court of South Carolina

Childers v. Medlock

417 S.E.2d 88, 308 S.C. 73, 1992 S.C. LEXIS 97

CourtSupreme Court of South Carolina

DecidedApril 13, 1992

Docket23627

StatusPublished

This text of 417 S.E.2d 88 (Childers v. Medlock) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Childers v. Medlock, 417 S.E.2d 88, 308 S.C. 73, 1992 S.C. LEXIS 97 (S.C. 1992).

Pincite

Opinion

Chandler, Justice:

This case is related to T. Travis Medlock v. 1985 Ford F-150 Pick Up, et al., 417 S.E. (2d) 85 (1992). When Appellant, Childers, was denied a right to jury trial in that case, he instituted this “claim and delivery” action seeking return of seized items. Circuit Court, finding Childers’ claim barred by the [74]*74South Carolina Drug Forfeiture Act, S.C. Code Ann. § 44-53-520(d) (Cum. Supp. 1991), dismissed his complaint.

At oral argument before this Court, it became apparent that Childers instituted this “claim and delivery” action in an attempt to obtain a jury trial regarding the forfeiture of his property. In the companion case of 1985 Ford-150 Pick Up, we held that Childers is entitled to a jury trial.

Accordingly, as Childers is entitled to assert the present claim before a jury under the 1985 Ford-150 Pick Up case, we dismiss this appeal without prejudice.

Dismissed without prejudice.

Harwell, C.J., and Finney, Toal and Moore, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI