Collins v. Collins, Appellate Case No. 2018-000252

CourtCourt of Appeals of South Carolina
Writing for the CourtPER CURIAM
PartiesStephanie Collins, Respondent. v. Gary Collins, Appellant.
Decision Date07 April 2021
Docket NumberUnpublished Opinion No. 2021-UP-110,Appellate Case No. 2018-000252

Stephanie Collins, Respondent.
v.
Gary Collins, Appellant.

Appellate Case No. 2018-000252
Unpublished Opinion No. 2021-UP-110

STATE OF SOUTH CAROLINA In The Court of Appeals

Heard October 13, 2020
April 7, 2021


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.

Appeal From Anderson County
David E. Phillips, Family Court Judge

AFFIRMED

James Calhoun Pruitt, Jr. and Joshua Brent Raffini, both of Pruitt & Pruitt, of Anderson, for Appellant.

Samuel C. Weldon, of Greenville, for Respondent.

PER CURIAM: In this divorce action, Gary Collins (Husband) argues the family court erred in (1) assigning a value to real property that was outside of the range of competent testimony presented at trial and (2) ordering a lump sum payment that in effect required him to sell assets. Additionally, he asserts the attorney's fees awarded to Stephanie Collins (Wife) should be reviewed in light of any changes

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made on appeal. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:

1. As to whether the family court erred in assigning a value to real property that Husband contends was outside of the range of competent testimony presented at trial: Lewis v. Lewis, 392 S.C. 381, 386, 709 S.E.2d 650, 652 (2011) (holding the appellate court reviews decisions of the family court de novo); id. at 385, 391, 709 S.E.2d at 651-52, 655 (noting the appellate court generally defers to the findings of the family court regarding credibility because the family court is in a better position to observe the witness and his or her demeanor); id. at 388-89, 709 S.E.2d at 653-54 (stating the party contesting the family court's decision bears the burden of demonstrating the family court's factual findings are not supported by the preponderance of the evidence); Toler v. Toler, 292 S.C. 374, 378, 356 S.E.2d 429, 432 (Ct. App. 1987) ("In making an equitable distribution of marital property, the family court must . . . determine the fair market value of the property . . . ."); Roe v. Roe, 311 S.C. 471, 478, 429 S.E.2d 830, 835 (Ct. App. 1993) ("The [family] court is given broad discretion in valuing marital property."); Abercrombie v. Abercrombie, 372 S.C. 643, 647, 643 S.E.2d 697, 699 (Ct. App. 2007) ("[A] property owner is competent to offer testimony as to the value of his property."); Fields v. Fields, 342 S.C. 182, 190, 536 S.E.2d 684, 688 (Ct. App. 2000) ("The family court . ....

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