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2011-MO-039 - Woods v. Breakfield

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

In the Matter of the Estate of Reba P. Hinson, Probate 2008-ES-12-297, Mell Woods, Petitioner,

v.

Robert H. Breakfield, as Personal Representative of the Estate of Reba P. Hinson, Respondent.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal From Chester County
 Brooks P. Goldsmith, Probate Court Judge


Memorandum Opinion No.   2011-MO-039
Submitted December 14, 2011 – Filed December 19, 2011


REVERSED AND REMANDED


Mell Woods, Pro Se, of Lancaster. 

B. Michael Brackett, of Moses Koon & Brackett, of Columbia, for Respondent.


PER CURIAM:   Petitioner seeks a writ of certiorari to review the Court of Appeals' dismissal of his appeal.  The Court of Appeals dismissed the appeal because petitioner failed to serve and file a notice of appeal from the final order granting respondent's motion for summary judgment and instead served and filed a notice of appeal from a subsequent order denying his Rule 59(e), SCRCP, motion, without any mention of the earlier order.  We grant the petition for a writ of certiorari, dispense with further briefing, reverse the order of dismissal, and remand this matter to the Court of Appeals for consideration of petitioner's appeal.  See Weatherford v. Price, 340 S.C. 572, 532 S.E.2d 310 (Ct. App. 2000); Charleston Lumber Co. v. Miller Housing Corp., 318 S.C. 471, 458 S.E.2d 431 (Ct. App. 1995).

REVERSED AND REMANDED.

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