Judy v. Martin

Decision Date23 February 2009
Docket NumberNo. 26604.,26604.
Citation381 S.C. 455,674 S.E.2d 151
CourtSouth Carolina Supreme Court
PartiesRonnie JUDY, Appellant, v. Phillip MARTIN and Dorchester County Sheriff Ray Nash, Defendants, of whom Phillip Martin is the Respondent.

Glenn Walters Sr. and R. Bentz Kirby, both of Orangeburg, for Appellant.

Phillip Martin, of Marion, pro se Respondent.

Chief Justice TOAL.

In this case, Appellant Ronnie Judy filed a declaratory judgment action seeking to declare an underlying magistrate's judgment void ab initio for lack of subject matter jurisdiction. The master-inequity found in favor of Respondent Phillip Martin. On appeal, Appellant claims that the magistrate lacked jurisdiction to render the underlying judgment, and that the master erred by assuming facts not in evidence, finding that Appellant was required to request removal to the court of common pleas, and finding that Respondent would suffer prejudice if the magistrate's judgment was vacated.

FACTUAL/PROCEDURAL BACKGROUND

On May 8, 2000, Respondent filed suit in magistrate's court against Appellant, seeking $2,500 in damages. Appellant filed an Answer and Counterclaim in the amount of $6,500. At the time, the jurisdictional limit in magistrate's court was $5,000.1 The magistrate issued a trial notice for September 28, 2000. Appellant claims he spoke with the magistrate on September 25, 2000, and that the magistrate told him the case was out of his jurisdiction and would be transferred to the circuit court. Appellant failed to appear at trial and the case was tried in his absence. The magistrate rendered a verdict for Respondent in the amount of $2,555. Appellant appealed to the circuit court on November 6, 2000. The magistrate's return acknowledged the conversation with Appellant, but indicates that the magistrate told Appellant only that a claim for over $5,000 would be out of his jurisdiction but said nothing about transferring the case to circuit court. The circuit court affirmed the magistrate's judgment. Appellant did not seek reconsideration from the circuit court or file an appeal.

Shortly after the final judgment, the sheriff issued an execution, which was returned nulla bona. In 2004, the probate court issued an order placing certain real property in Appellant's name, and Respondent had a Notice of Levy issued on the property. Appellant thereby filed this action for declaratory judgment with the master, who determined that Appellant was not entitled to relief on the grounds that Appellant: (1) failed to seek removal of the case from magistrate's court; (2) failed to appear in court to press his case for removal; (3) relied upon a verbal ex parte request by telephone for confirmation that the case would be transferred to circuit court; (4) failed to file a motion for reconsideration of the circuit court's decision to uphold the magistrate's judgment; (5) failed to appeal to the court of appeals; and (6) abandoned his defense of lack of subject matter jurisdiction until nearly four years later. Appellant appealed the master's order, and this Court certified the case pursuant to Rule 204(b), SCACR. Appellant presents the following issues for review:

I. Did the trial court err in failing to address the issue of subject matter jurisdiction and whether the judgment was void ab initio?

II. Did the trial court err by assuming facts not in evidence and upholding the magistrate's order based upon what he assumed the trial judge would have ruled?

III. Did the trial court err by ruling that Appellant had to take an affirmative act to attempt to remove his case to Circuit Court?

IV. Did the trial court commit error by ruling the Respondent would face prejudice relating to having to make complicated legal arguments, and ignoring the proper relief and the relief sought by the Appellant?

STANDARD OF REVIEW

Declaratory judgment actions are neither legal nor equitable and, therefore, the standard of review depends on the nature of the underlying issues. Doe v. South Carolina Medical Malpractice Liability Joint Underwriting, 347 S.C. 642, 645, 557 S.E.2d 670, 672 (2001). An action for declaratory judgment that a magistrate's judgment is void for lack of subject matter jurisdiction is an action at law. Therefore, the master's findings of fact will not be disturbed on appeal unless found to be without evidence which reasonably supports them. Harkins v. Greenville County, 340 S.C. 606, 621, 533 S.E.2d 886, 893 (2000).

LAW/ANALYSIS

In the first question presented for our review, Appellant alleges that the master-in-equity erred in refusing to declare the magistrate's judgment void ab initio for lack of subject matter jurisdiction. We disagree, and hold that Appellant may not seek relief from the prior unappealed order of the circuit court because the order has become the law of the case.

Under the law-of-the-case doctrine, a party is precluded from relitigating, after an appeal, matters that were either not raised on appeal, but...

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    • United States
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    ...State ex rel. North Dakota Dep't of Labor v. Riemers, 779 N.W.2d 649 (N.D.2010) (emphasis added)); see also Judy v. Martin, 381 S.C. 455, 458, 674 S.E.2d 151, 153 (2009) (“Under the law-of-the-case doctrine, a party is precluded from relitigating, after an appeal, matters that were either n......
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