Enoree Baptist Church v. Fletcher

340 S.E.2d 546, 287 S.C. 602, 1986 S.C. LEXIS 291

• Court: Supreme Court of South Carolina
• Decided: February 25, 1986
• Docket: 22479
• Status: Published

Opinions

Gregory, Justice:

Appellant Enoree Baptist Church (the Church) commenced this action against respondents, alleging breach of contract, misrepresentation and fraud. The cause of action for fraud was submitted to the jury. The Church was awarded $500.00 in damages. This appeal followed. We reverse and remand for a new trial.

On October 7,1983, a pre-trial conference was held before the Honorable C. Victor Pyle. Both parties stated they were ready for trial. On October 31, the Church filed an amended complaint. Prior to trial on November 15th, the Honorable Luke N. Brown, Jr. granted appellant’s motion to allow the amended complaint over respondents’ objections. This trial ended in a mistrial.

Thereafter, the case came for retrial before Judge Pyle. Prior to this second trial, the following exchange took place:

MR. GADDY:... We’re going to proceed on an amended complaint which was allowed in the previous case.

THE COURT: Well, is there any question concerning the amended complaint? If the case was mistried, then you’re back to ground zero. Is there any question —

MR. GADDY: Well, the amended complaint, Your Honor, was — is in writing. I mean it was not something that was verbally amended. It was in writing and was served prior to trial.

MR. CASSIDY: Your Honor, ... we reassert our objection to the amendment at this time.

MR. GADDY: Your Honor, the amendments to the complaint had to do only with damages____

THE COURT: So your amendment comes too late and I deny your amended complaint____

This case was then tried under the original complaint.

The church contends Judge Pyle violated Circuit Court Rule 60 when he disallowed the amended complaint after Judge Brown had earlier permitted the amended complaint. We agree.

One Circuit Court Judge does not have the authority to set aside the order of another. Circuit Court Rule 60;¹ Cook v. Taylor, 272 S. C. 536, 252 S. E. (2d) 923 (1979). The effect of Judge Pyle’s order was to reverse the earlier substantive² order, clearly an impermissible act.³

Since the case is being remanded for a new trial under the amended complaint, it is unnecessary to address appellant’s remaining exceptions. The judgment of the lower court is reversed, and the case is remanded for a new trial.

Reversed and remanded.

Harwell, Chandler and Finney, JJ., concur. Ness, C. J., dissenting in separate opinion.

1 This case was tried and appealed prior to July 1, 1985.

2 Respondent argues State v. Mills, 281 S. C. 60, 314 S. E. (2d) 324 (1984) which is inapplicable.

3 Assuming arguendo that Judge Pyle had the authority to disallow the amended complaint, such would have constituted a clear abuse of discretion since the amendment related only to damages and respondents had ample notice of its contents.