Conits v. Conits, Appellate Case No. 2016-001961

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtPER CURIAM.
Citation422 S.C. 74,810 S.E.2d 253
Parties Peggy D. CONITS, Respondent, v. Spiro E. CONITS, Petitioner.
Docket NumberAppellate Case No. 2016-001961,Opinion No. 27749
Decision Date15 November 2017

422 S.C. 74
810 S.E.2d 253

Peggy D. CONITS, Respondent,
v.
Spiro E. CONITS, Petitioner.

Appellate Case No. 2016-001961
Opinion No. 27749

Supreme Court of South Carolina.

Submitted October 24, 2017
Filed November 15, 2017
Withdrawn, Substituted, and Refiled January 17, 2018


David Alan Wilson, of The Law Offices of David A. Wilson, LLC, and Kenneth C. Porter, of Porter & Rosenfeld, both of Greenville, for Petitioner.

Timothy E. Madden, Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent.

ORDER

We deny the Petition for Rehearing. The attached opinion is substituted for the previous opinion, which is withdrawn. The only change is to the final sentence.

/s/ Donald W. Beatty, C.J.

/s/ John W. Kittredge, J.

/s/ Kaye G. Hearn, J.

/s/ John Cannon Few, J.

/s/ George C. James, Jr., J.

PER CURIAM:

422 S.C. 76

Spiro E. Conits filed a petition for a writ of certiorari to review the decision of the court of appeals in Conits v. Conits , 417 S.C. 127, 789 S.E.2d 51 (Ct. App. 2016). We grant the petition, dispense with further briefing, reverse the decision, and remand to the court of appeals.

Peggy D. Conits and her husband Spiro litigated many issues in their divorce action in family court, but we address only one—the size and value of a farm Spiro owns in Greece. Spiro appealed the family court's ruling on this issue, but the court of appeals found the issue was not preserved for appellate review. The court of appeals understood Spiro to argue on appeal the farm "does not exist," but that at trial he "made no arguments as to the existence of the ... farm." 417 S.C. at 137, 789 S.E.2d at 56. We find Spiro made the same argument on appeal he made at trial. The issue is preserved.

The facts of this case are set forth in detail in the court of appeals' opinion. 417 S.C. at 133-36, 789 S.E.2d at 54-56. At trial, the parties presented conflicting evidence about the size and value of the farm in Greece. Spiro admitted he owns a one-half interest in a three-acre farm with a fair market value of

810 S.E.2d 254

$43,750. Peggy claimed the farm is thirty acres with a fair market value of $1,420,200. As the court of appeals observed, "the parties argued about its value and whether the property was three or thirty acres." 417 S.C. at 137, 789 S.E.2d at 56.

The family court found the farm is thirty acres and assigned it a value of $1,420,000. Spiro...

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2 practice notes
  • Conits v. Conits, Appellate Case No. 2014-000941
    • United States
    • Court of Appeals of South Carolina
    • May 2, 2018
    ...finding the issue was not preserved for appellate review and remanded the case to this court to rule on the merits. Conits v. Conits, 422 S.C. 74, 77-78, 810 S.E.2d 253, 254 (2017). On remand, we affirm the family court's finding the farm was marital property, and we find the family court d......
  • Conits v. Conits, 2018-UP-185
    • United States
    • Court of Appeals of South Carolina
    • May 2, 2018
    ...finding the issue was not preserved for appellate review and remanded the case to this court to rule on the merits. Conits v. Conits, 422 S.C. 74, 77-78, 810 S.E.2d 253, 254 (2017). On remand, we affirm the family court's finding the farm was marital property, and we find the family court d......
2 cases
  • Conits v. Conits, Appellate Case No. 2014-000941
    • United States
    • Court of Appeals of South Carolina
    • May 2, 2018
    ...finding the issue was not preserved for appellate review and remanded the case to this court to rule on the merits. Conits v. Conits, 422 S.C. 74, 77-78, 810 S.E.2d 253, 254 (2017). On remand, we affirm the family court's finding the farm was marital property, and we find the family court d......
  • Conits v. Conits, 2018-UP-185
    • United States
    • Court of Appeals of South Carolina
    • May 2, 2018
    ...finding the issue was not preserved for appellate review and remanded the case to this court to rule on the merits. Conits v. Conits, 422 S.C. 74, 77-78, 810 S.E.2d 253, 254 (2017). On remand, we affirm the family court's finding the farm was marital property, and we find the family court d......

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