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SIMMONS v. SIMMONS

No. 26970.

392 S.C. 412 (2011)

709 S.E.2d 666

Essie SIMMONS, Appellant, v. Rubin SIMMONS, Respondent.

Supreme Court of South Carolina.

Decided May 9, 2011.

Attorney(s) appearing for the Case

Paul E. Tinkler and Joshua P. Stokes , both of Charleston, for appellant.

Eduardo Kelvin Curry , of North Charleston, for respondent.

Justice KITTREDGE:

We are presented with a 1990 family court-approved settlement agreement that has been determined to be void in part. This appeal presents the question of whether the family court may revisit, in whole or in part, the now partially voided agreement. The family court ruled in 2008 that it lacked subject matter jurisdiction to reconsider the 1990 court-approved agreement. We reverse and remand for reconsideration of the court-approved agreement.

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