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283 S.C. 501

323 S.E.2d 535

Bolding v. Bolding

Court of Appeals of South Carolina

Decided November 26, 1984

Court of Appeals of South Carolina · decided 1984-11-26

Relies on Kirven v. Lawrence

Good law ✅— No negative treatment on recordhow we know

Decided 1984-11-26

How this case has been cited

Cited by 10 later decisions — most recently September 2011

10 state decisions

401984199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 Derrill Jake Bolding appeals an order of the family court granting his wife Debra Crumpton Bolding a divorce, custody of the parties’ minor children, child support, attorney’s fees, and equitable division of the parties’ personal property. In its order, however, the family court reserved jurisdiction concerning the issue as to the equitable division of the parties’ real property.

¶2*502 Because the order appealed from is not final in that it does not “finally dispose of the whole subj ect matter in litigation” [4 Am. Jur. (2d) Appeal and Error § 53 at 575 (1962)], we dismiss the husband’s appeal “for lack of appealability.” Id. § 50 at 573.

¶3 We might add that we find no merit to the husband’s assertion that the wife neglected to plead for a determination of her equitable interest in the real property. The wife in paragraph V of her petition expressly alleges that she is entitled to a “property settlement... based upon [the parties’] legal and equitable rights” and in her prayer for relief she asks for “a property settlement.” See Kirven v. Lawrence, 244 S. C. 572, 137 S. E. (2d) 764 (1964).

¶4 Appeal dismissed.

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