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296 S.C. 414

Cox v. Cox

Court of Appeals of South Carolina

Decided October 24, 1988

Court of Appeals of South Carolina · decided 1988-10-24

Cited by 2 later decisions — most recently July 2010

2 state decisions

Relies on Cartee v. Cartee

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-24

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Per Curiam:

¶1This is a divorce case. James Harold Cox (the husband) appeals the trial judge’s failure to find Mary Margaret Landers Cox (the wife) guilty of adultery and consequent failure to bar her from alimony.

¶2There is conflicting testimony as to whether the wife committed adultery. The wife denied the conduct alleged by other witnesses, and the trial court found the evidence of adultery insufficient. Although we have jurisdiction in divorce cases to find facts based on our own view of the evidence, we are not required to disregard the findings of the trial judge who saw and heard the witnesses and was in a better position than we are to evaluate their testimony. Cartee v. Cartee, 295 S. C. 103, 366 S. E. (2d) 269 (Ct. App. 1988).

¶3With this principle in mind, however, we have reviewed carefully the record before us and concur with the findings of the trial judge.

¶4For this reason, the appealed order is affirmed.

¶5Affirmed.

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