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2009-MO-054 - Brunson v. Brunson

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Lois Burris Brunson, Respondent,

v.

Dennis Dean Brunson, Petitioner.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal From York County
 Georgia V. Anderson, Family Court Judge


Memorandum Opinion No. 2009-MO-054
Heard September 16, 2009 – Filed October 12, 2009  


AFFIRMED IN PART; REVERSED IN PART


John S. Nichols, of Bluestein Nichols Thompson and Delgado, of Columbia, and David C. Shea, of Columbia, for Petitioner.

Thomas F. McDow and Erin U. Fitzpatrick, of Rock Hill, for Respondent.


PER CURIAM: In this divorce action, the Court granted petitioner’s request for a writ of certiorari to review the Court of Appeals’ unpublished decision.  Brunson v. Brunson, Op. No. 2007-UP-354 (S.C. Ct. App. filed July 16, 2007). 

We reverse the Court of Appeals’ decision to remand on the alimony issue. 

Furthermore, as to the three issues on certiorari, we affirm the family court’s order pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Issue I:  Dearybury v. Dearybury, 351 S.C. 278, 282, 569 S.E.2d 367, 369 (2002) (an award of alimony rests within the sound discretion of family court and will not be disturbed absent an abuse of discretion); S.C. Code  Ann. § 20-3-130(C) (Supp. 2008) (family court must consider and give weight in such proportion as it finds appropriate to all 13 factors for alimony); Issues II & III: Craig v. Craig, 365 S.C. 285, 290, 617 S.E.2d 359, 361 (2005) (the equitable division of marital property is within the discretion of the family court and that decision will not be disturbed on appeal absent an abuse of discretion); Doe v. Doe, 370 S.C. 206, 213-14, 634 S.E.2d 51, 55 (Ct. App. 2006) (the appellate court looks to the overall fairness of the apportionment)and S.C. Code Ann. § 20-3-610 (Supp. 2008) (the family court may award a special equity in marital property based upon all the equitable apportionment factors set out in S.C. Code Ann. § 20-3-620(B)).

AFFIRMED IN PART; REVERSED IN PART.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.