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ROWE v. CITY OF COLUMBIA

23115

300 S.C. 447 (1989)

388 S.E.2d 789

Joanna P. ROWE, as Administratrix of the Estate of Lorinda Jean Rowe, Deceased, Petitioner v. CITY OF COLUMBIA and Donald E. Jones, Respondents.

Supreme Court of South Carolina.

Decided December 4, 1989.

Attorney(s) appearing for the Case

Joseph M. McCulloch, Jr., and Richard A. Harpootlian, both of Swerling, Harpootlian & McCulloch, Columbia, and Desa A. Ballard, Barnwell, for petitioner.

James E. Meggs, Columbia, for City of Columbia.

Danny C. Crowe, of Turner, Padgett, Graham & Laney, Columbia, for Donald E. Jones.

Heard Oct. 19, 1989.

Decided Dec. 4, 1989.

TOAL, Justice:

The sole issue on appeal is whether the trial court erroneously relied on a declaratory judgment in granting summary judgment for the City, when Rowe was not a party to the declaratory judgment action. We conclude that this was error and, therefore, reverse the Court of Appeals and the trial court.

FACTS

On March 24, 1985, Lorinda...

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