Garnett v. Wilcox

Court of Appeals of South Carolina

Garnett v. Wilcox

339 S.E.2d 537, 288 S.C. 81, 1986 S.C. App. LEXIS 277

CourtCourt of Appeals of South Carolina

DecidedJanuary 27, 1986

Docket0621

StatusPublished

This text of 339 S.E.2d 537 (Garnett v. Wilcox) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garnett v. Wilcox, 339 S.E.2d 537, 288 S.C. 81, 1986 S.C. App. LEXIS 277 (S.C. Ct. App. 1986).

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Opinions

Shaw, Judge:

Appellants Doris L. Wilcox, d/b/a Dennis Wilcox & Sons, Inc. and Doris L. Wilcox Decorating Company & Sons, Inc. appeal the master in equity’s finding they breached a construction contract with respondent Pamela E. Garnett. The master awarded Garnett $13,800.00 in damages.

[82]*82Pending the appeal, this court was notified Wilcox has filed a petition in bankruptcy under Chapter 13 of the Bankruptcy Act, 11 U.S.C.A. §§ 1301-1330 (West 1979 & Supp. 1985) in the United States Bankruptcy Court for the Eastern District of Tennessee. Thus, any continuation of this action is automatically stayed under 11 U.S.C.A. § 362 (West 1979 & Supp. 1985).

It is therefore ordered that this case be remanded to the trial court with instructions to await final disposition by the United States Bankruptcy Court. The bankrupt shall notify the circuit court and Garnett in writing within ten days after judgment is entered in the bankuptcy proceeding.

Remanded.

Bell, J., concurs. Goolsby, J., concurs in part and dissents in part.

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