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2004-MO-029 - Leevy v. Anderson

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE  CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Gloria Y. Leevy and Gregory K. Leevy,        Appellants,

v.

Robert F. Anderson, Dana Elizabeth Wilkinson, and Anderson and Associates, P. A.,        Respondents.


Appeal From Richland County
Marc H. Westbrook, Circuit Court Judge


Memorandum Opinion No. 2004-MO-029
Heard May 13, 2004 - Filed June 7, 2004


AFFIRMED


Gloria Y. Leevy and Gregory Leevy, of Columbia, pro se.

John A. Massalon, of Wills & Massalon, LLC, and Susan Taylor Wall, of Parker, Poe, Adams & Bernstein, LLP, of Charleston, for Respondents.


PER CURIAM:  Affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Smith v. Haynsworth, Marion, McKay & Geurard, 322 S.C. 433, 435, 472 S.E.2d 612, 613 (1996)(plaintiff in a legal malpractice case must establish the standard of care by expert testimony); Brown v. Theos, 345 S.C. 626, 550 S.E.2d 304 (2001)(plaintiff must show he or she would most likely have been successful in the underlying suit if the attorney had not committed the alleged malpractice); McGee v. Bruce Hosp. System, 344 S.C. 466, 545 S.E.2d 286 (2001)(liability must be established before a plaintiff can seek punitive damages); Greenville Mem'l Auditorium v. Martin, 301 S.C. 242, 391 S.E.2d 546 (1990) (appellate court will not review failure to give a requested jury charge where the request to charge does not appear on the record).

AFFIRMED.

MOORE, A.C.J., WALLER, BURNETT, PLEICONES, JJ., and Acting Justice G. Edward Welmaker., concur.