Holcombe v. Hardee, No. 23384

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtTOAL; GREGORY
Citation405 S.E.2d 821,304 S.C. 522
PartiesEdward R. HOLCOMBE, Appellant, v. Sonya HARDEE, Respondent. . Heard
Docket NumberNo. 23384
Decision Date04 February 1991

Page 821

405 S.E.2d 821
304 S.C. 522
Edward R. HOLCOMBE, Appellant,
v.
Sonya HARDEE, Respondent.
No. 23384.
Supreme Court of South Carolina.
Heard Feb. 4, 1991.
Decided April 22, 1991.
Rehearing Denied July 9, 1991.

Nancy M. Young, Columbia, for appellant.

J. Edward Holler, Columbia, for respondent.

[304 S.C. 523] TOAL, Justice:

This is an appeal from a support action in which appellant, Edward R. Holcombe (father) unsuccessfully sought contribution to the support of the parties' minor child from respondent, Sonya Hardee (mother), the noncustodial parent. We reverse and remand.

FACTS

Edward R. Holcombe and Sonya Hardee had two minor children, Timothy and Kevin. The parties were divorced in 1981. At that time, mother was awarded custody of the children, but, pursuant to an agreement between the parties, Timothy lived with mother, Kevin with father.

In 1988, when he was sixteen (16) years old, it was discovered that Kevin was severely

Page 822

dyslexic and needed to attend a school where he could obtain intensive instruction. Kevin and his father decided that Kevin would attend the Landmark School in Boston, Massachusetts because that school would accept Kevin, even though it was the middle of the school year and Kevin's age was considered to be advanced for starting such a program.

Kevin completed one semester of Landmark's water-based program at a cost to his father of approximately $16,000. There were additional costs for air fare and testing. Costs for the 1989-90 school year, which Kevin has already completed at this time, were expected to exceed $27,950.

On November 23, 1989, the father brought an action for legal custody and support of Kevin and attorney fees and costs. The mother answered and counterclaimed on January 4, 1989, seeking custody, support, attorney fees and costs. The parties signed a consent order on May 2, 1989, in which custody was awarded to the father. The support issue was reserved until the final hearing, which was held on June 5, 1989. The special family court judge issued an order on July 5, 1989, in which he found that mother was not able to contribute to Kevin's support and declined to require her to do so. The family[304 S.C. 524] court also ordered the parties to pay their own attorney fees. This appeal ensued.

LAW/ANALYSIS

The father argues that the trial judge's order did not include sufficient findings of fact in violation of Family Court Rule 26(a) and that the trial court erred in refusing to...

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58 practice notes
  • In re Treatment and Care of Luckabaugh, No. 25503.
    • United States
    • United States State Supreme Court of South Carolina
    • July 22, 2002
    ...Group v. Public Serv. Com'n of South Carolina, 338 S.C. 92, 525 S.E.2d 863 (1999) (administrative law decision); Holcombe v. Hardee, 304 S.C. 522, 405 S.E.2d 821 (1991) (family court Appellants in State v. 192 Coin-Operated Video Game Machines, supra, argued the magistrate's order and retur......
  • Lafrance v. Lafrance, No. 4158.
    • United States
    • Court of Appeals of South Carolina
    • October 2, 2006
    ...Court reversed the family court's refusal to require child support from the wife who claimed she was unable to pay that obligation. 304 S.C. 522, 523, 405 S.E.2d 821, 822 (1991). The Court found the wife had potential income, investments, and many assets from which she could contribute to h......
  • Griffith v. Griffith, No. 2890.
    • United States
    • Court of Appeals of South Carolina
    • October 12, 1998
    ...where the record is sufficient, make its own findings of fact in accordance with the preponderance of the evidence." Holcombe v. Hardee, 304 S.C. 522, 524, 405 S.E.2d 821, 822 In this case, the record on appeal is not sufficient for us to make our own findings. Accordingly, we reverse and r......
  • Badeaux v. Davis, No. 3047.
    • United States
    • Court of Appeals of South Carolina
    • September 20, 1999
    ...preponderance of the evidence.'" Griffith v. Griffith, 332 S.C. 630, 647, 506 S.E.2d 526, 535 (Ct.App.1998) (citing Holcombe v. Hardee, 304 S.C. 522, 524, 405 S.E.2d 821, 822 (1991)). See also, Bull v. Smith, 299 S.C. 123, 382 S.E.2d 905 (1989) (Appellate Court may make an independent revie......
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59 cases
  • In re Treatment and Care of Luckabaugh, No. 25503.
    • United States
    • United States State Supreme Court of South Carolina
    • July 22, 2002
    ...Group v. Public Serv. Com'n of South Carolina, 338 S.C. 92, 525 S.E.2d 863 (1999) (administrative law decision); Holcombe v. Hardee, 304 S.C. 522, 405 S.E.2d 821 (1991) (family court Appellants in State v. 192 Coin-Operated Video Game Machines, supra, argued the magistrate's order and retur......
  • Lafrance v. Lafrance, No. 4158.
    • United States
    • Court of Appeals of South Carolina
    • October 2, 2006
    ...Court reversed the family court's refusal to require child support from the wife who claimed she was unable to pay that obligation. 304 S.C. 522, 523, 405 S.E.2d 821, 822 (1991). The Court found the wife had potential income, investments, and many assets from which she could contribute to h......
  • Griffith v. Griffith, No. 2890.
    • United States
    • Court of Appeals of South Carolina
    • October 12, 1998
    ...the record is sufficient, make its own findings of fact in accordance with the preponderance of the evidence." Holcombe v. Hardee, 304 S.C. 522, 524, 405 S.E.2d 821, 822 In this case, the record on appeal is not sufficient for us to make our own findings. Accordingly, we reverse and re......
  • Badeaux v. Davis, No. 3047.
    • United States
    • Court of Appeals of South Carolina
    • September 20, 1999
    ...of the evidence.'" Griffith v. Griffith, 332 S.C. 630, 647, 506 S.E.2d 526, 535 (Ct.App.1998) (citing Holcombe v. Hardee, 304 S.C. 522, 524, 405 S.E.2d 821, 822 (1991)). See also, Bull v. Smith, 299 S.C. 123, 382 S.E.2d 905 (1989) (Appellate Court may make an independent review of the ......
  • Request a trial to view additional results

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