McDowell v. South Carolina Dept. of Social Services, No. 1207

CourtCourt of Appeals of South Carolina
Writing for the CourtPER CURIAM; SANDERS
Citation296 S.C. 89,370 S.E.2d 878
PartiesFannie R. McDOWELL, Appellant, v. SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent. . Heard
Decision Date18 November 1987
Docket NumberNo. 1207

Page 878

370 S.E.2d 878
296 S.C. 89
Fannie R. McDOWELL, Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent.
No. 1207.
Court of Appeals of South Carolina.
Heard Nov. 18, 1987.
Decided Dec. 21, 1987.

Page 879

[296 S.C. 90] Harold F. Daniels, Piedmont Legal Services, Inc., Spartanburg, for appellant.

General Counsel Bruce Holland and Asst. General Counsel Tana G. Vanderbilt, South Carolina Dept. of Social Services, Columbia, for respondent.

PER CURIAM:

This is an appeal from an order of the circuit court dismissing the appeal of appellant, Fannie R. McDowell, from a [296 S.C. 91] decision by the Fair Hearing Committee of the South Carolina Department of Social Services (hereinafter DSS) upholding the denial of Ms. McDowell's application for food stamps. We reverse.

Under sections 1-23-380(g)(4), (5) and 1-23-390 of the South Carolina Code of Laws, this court may reverse or modify the decision of an administrative agency when the substantial rights of the appellant have been prejudiced because the administrative conclusions are affected by error of law or are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record.

The facts of this case are undisputed. Ms. McDowell applied for food stamps following loss of her employment. She listed two cars on her application, one driven by herself which fell within the agency defined maximum resource limit, and a 1984 Chrysler titled jointly in her name along with her son, Kim T. McDowell, which exceeded the maximum resource limit. The caseworker determined the Chrysler was an asset of Ms. McDowell's and denied the application.

Ms. McDowell appealed this denial to the Fair Hearing Committee. At the hearing Ms. McDowell and Kim testified the Chrysler actually belonged to Kim who made the down payment and paid all subsequent installments. Ms. McDowell furnished no consideration for the car, but signed all necessary documents for the purchase of the car as she had an established credit record and Kim did not. As a result of this transaction, the Chrysler was titled in both Ms. McDowell's and Kim's names, but was registered only in Ms. McDowell's name. Kim drove and maintained the automobile while Ms. McDowell had no use of the car as they lived in separate households. The decision of DSS found as a fact Ms. McDowell had no personal use of the Chrysler and participated in its purchase solely as a favor to her son.

Ms. McDowell takes the...

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9 practice notes
  • Catawba Indian Tribe of South Carolina v. State of S.C., No. 82-1671
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 23, 1989
    ...Inc., 296 S.C. 41, 370 S.E.2d 463, 466 (1988) (presumption of legitimacy when born in wedlock); McDowell v. S.C. Dept. of Social Services, 296 S.C. 89, 370 S.E.2d 878, 880 (App.1987) (presumption of gift to a close relative); Touchberry v. City of Florence, 295 S.C. 47, 367 S.E.2d 149, 150 ......
  • Anderson v. Architectural Glass Constr., Inc. (In re Pfister), No. 12–2465.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 17, 2014
    ...titled will be stripped of any equitable interest in the property, retaining only bare legal title. McDowell v. S.C. Dep't of Soc. Servs., 296 S.C. 89, 370 S.E.2d 878, 880 (App.1987) (per curiam) (explaining that a beneficiary of a resulting trust holds the equitable interest in property). ......
  • In re Estate of Henry Tims, 2021-UP-281
    • United States
    • Court of Appeals of South Carolina
    • July 21, 2021
    ...for property, in whole or in part, that for a different reason is titled in the name of another." McDowell v. S.C. Dep't of Soc. Servs., 296 S.C. 89, 92, 370 S.E.2d 878, 880 (Ct. App. 1987). "The general rule is[, ] when property is conveyed to one person and the consideration for that prop......
  • Hayne Federal Credit Union v. Bailey, No. 24678
    • United States
    • United States State Supreme Court of South Carolina
    • June 4, 1997
    ...in part, that for a different reason is titled in the name of another. McDowell v. [327 S.C. 249] South Carolina Dep't of Social Servs., 296 S.C. 89, 370 S.E.2d 878 (Ct.App.1987). The general rule is that when real estate is conveyed to one person and the consideration paid by another, it i......
  • Request a trial to view additional results
9 cases
  • Catawba Indian Tribe of South Carolina v. State of S.C., No. 82-1671
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 23, 1989
    ...Inc., 296 S.C. 41, 370 S.E.2d 463, 466 (1988) (presumption of legitimacy when born in wedlock); McDowell v. S.C. Dept. of Social Services, 296 S.C. 89, 370 S.E.2d 878, 880 (App.1987) (presumption of gift to a close relative); Touchberry v. City of Florence, 295 S.C. 47, 367 S.E.2d 149, 150 ......
  • Anderson v. Architectural Glass Constr., Inc. (In re Pfister), No. 12–2465.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 17, 2014
    ...titled will be stripped of any equitable interest in the property, retaining only bare legal title. McDowell v. S.C. Dep't of Soc. Servs., 296 S.C. 89, 370 S.E.2d 878, 880 (App.1987) (per curiam) (explaining that a beneficiary of a resulting trust holds the equitable interest in property). ......
  • In re Estate of Henry Tims, 2021-UP-281
    • United States
    • Court of Appeals of South Carolina
    • July 21, 2021
    ...for property, in whole or in part, that for a different reason is titled in the name of another." McDowell v. S.C. Dep't of Soc. Servs., 296 S.C. 89, 92, 370 S.E.2d 878, 880 (Ct. App. 1987). "The general rule is[, ] when property is conveyed to one person and the consideration for that prop......
  • Hayne Federal Credit Union v. Bailey, No. 24678
    • United States
    • United States State Supreme Court of South Carolina
    • June 4, 1997
    ...in part, that for a different reason is titled in the name of another. McDowell v. [327 S.C. 249] South Carolina Dep't of Social Servs., 296 S.C. 89, 370 S.E.2d 878 (Ct.App.1987). The general rule is that when real estate is conveyed to one person and the consideration paid by another, it i......
  • Request a trial to view additional results

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