Gean v. Gean

Supreme Court of South Carolina

Gean v. Gean

346 S.E.2d 705, 289 S.C. 425, 1986 S.C. LEXIS 477

Supreme Court of South Carolina·Decided January 6, 1986·Published

Opinion

ORDER

This case comes before the Court on appellant’s motion to disallow an award of attorney’s fees on appeal. The Clerk of Court issued a certificate of no return before the transcript in this appeal was docketed and the remittitur was issued to the court below.

Supreme Court Rule 38, § 1, allows costs to a respondent when an appeal is dismissed unless otherwise agreed by the parties or ordered by this Court. Section 3 of Rule 38 allows this Court to determine costs even after the remittitur has been issued. Costs include an attorney’s fee of $750.00. Supreme Court Rule 38, § 4.

Appellant’s motion to disallow the attorney’s fee in this case is granted. The cost of obtaining the reporter’s transcript shall be allowed.

It is so ordered.

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ORDER

This case comes before the Court on appellant’s motion to disallow an award of attorney’s fees on appeal. The Clerk of Court issued a certificate of no return before the transcript in this appeal was docketed and the remittitur was issued to the court below.

Supreme Court Rule 38, § 1, allows costs to a respondent when an appeal is dismissed unless otherwise agreed by the parties or ordered by this Court. Section 3 of Rule 38 allows this Court to determine costs even after the remittitur has been issued. Costs include an attorney’s fee of $750.00. Supreme Court Rule 38, § 4.

Appellant’s motion to disallow the attorney’s fee in this case is granted. The cost of obtaining the reporter’s transcript shall be allowed.

It is so ordered.

Gean v. Gean, 346 S.E.2d 705, 289 S.C. 425, 1986 S.C. LEXIS 477 (S.C. 1986).

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