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GARDNER v. McDONALD

22100

281 S.C. 455 (1984)

316 S.E.2d 374

John P. GARDNER, Sr., Petitioner, v. Heyward E. McDONALD, State Senator, individually and as Chairman of the Joint Committee to Review Candidates for Offices Elected by the General Assembly, a Committee of the South Carolina General Assembly, Respondents, and T. Travis Medlock, Attorney General of South Carolina, Amicus Curiae.

Supreme Court of South Carolina.

Decided May 10, 1984.

Attorney(s) appearing for the Case

Benny R. Greer, of Greer & Milling, Darlington, for petitioner.

James P. Fields, Jr., Helen T. McFadden, Columbia, Grady L. Patterson, III, Asst. Atty. Gen., Columbia, for respondent.

T. Travis Medlock, Atty. Gen., James M. Holly, Asst. Atty. Gen., David C. Eckstrom, Robert D. Cook, Asst. Atty. Gen., Columbia, for amicus curiae.

Heard April 2, 1984.

Decided May 10, 1984.

Per Curiam:

This is an action brought in the original jurisdiction of this Court to determine the commencement date of petitioner John P. Gardner, Sr.'s term as Associate Judge of the South Carolina Court of Appeals. We hold this term began on September 1, 1983, the date the court became operational.

On August 16, 1979, Gardner was elected by the General Assembly to fill Seat #1 of the South...

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