Hunter Bros. Elec. Corp. v. James P. Baldwin, Inc., 22769

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtPER CURIAM
Citation293 S.C. 301,360 S.E.2d 306
PartiesHUNTER BROTHERS ELECTRICAL CORPORATION, Respondent, v. JAMES P. BALDWIN, INC., Appellant. . Heard
Docket NumberNo. 22769,22769
Decision Date08 October 1986

Page 306

360 S.E.2d 306
293 S.C. 301
HUNTER BROTHERS ELECTRICAL CORPORATION, Respondent,
v.
JAMES P. BALDWIN, INC., Appellant.
No. 22769.
Supreme Court of South Carolina.
Heard Oct. 8, 1986.
Decided Aug. 24, 1987.

Chris B. Staubes, Emily G. Johnston and Mark A. Mason, Clawson and Staubes, Charleston, for appellant.

J. Randolph Pelzer, John P. Algar and Stephen P. Bucher, Pelzer and Chard, P.A., Charleston, for respondent.

PER CURIAM:

The trial judge was without authority to amend or modify the earlier order of the trial court to include an award of [293 S.C. 302] attorney fees. The decretal paragraph of the order did not expressly award attorney fees, and the judge's authority to amend the judgment ended with the expiration of the term of court during which the judgment was rendered, except as to corrections of clerical or formal error. Center v. Center, 269 S.C. 367, 237 S.E.2d 491 (1977). Accordingly, the order appealed from is

VACATED.

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2 practice notes
  • State v. Atkins, 23281
    • United States
    • United States State Supreme Court of South Carolina
    • September 18, 1989
    ...Crime Control Act of 1986, if a defendant requests, he is entitled to a jury charge regarding parole eligibility. 293 S.C. at 300, 360 S.E.2d at 306. Although this case is not controlled by the Omnibus Act, Atkins specifically requested the parole charge; the Court committed no error in gra......
  • State v. Atkins, 22768
    • United States
    • United States State Supreme Court of South Carolina
    • May 4, 1987
    ...just explained may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment. [293 S.C. 301] AFFIRMED IN PART; REVERSED IN PART; AND NESS, C.J., GREGORY, FINNEY, JJ., and LITTLEJOHN, Acting Associate Justice, concur. ...
2 cases
  • State v. Atkins, 23281
    • United States
    • United States State Supreme Court of South Carolina
    • September 18, 1989
    ...Crime Control Act of 1986, if a defendant requests, he is entitled to a jury charge regarding parole eligibility. 293 S.C. at 300, 360 S.E.2d at 306. Although this case is not controlled by the Omnibus Act, Atkins specifically requested the parole charge; the Court committed no error in gra......
  • State v. Atkins, 22768
    • United States
    • United States State Supreme Court of South Carolina
    • May 4, 1987
    ...just explained may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment. [293 S.C. 301] AFFIRMED IN PART; REVERSED IN PART; AND NESS, C.J., GREGORY, FINNEY, JJ., and LITTLEJOHN, Acting Associate Justice, concur. ...

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