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FLOYD v. FLOYD

23527

306 S.C. 376 (1991)

412 S.E.2d 397

John F. Floyd, Richard F. FLOYD, and Sara Floyd Powell, Individually and as Shareholders of the J.F. Floyd Mortuary, Inc., Appellants v. Elizabeth H. FLOYD, individually and as Executrix of the Estate of William Russel Floyd, deceased, William Russel Floyd, Jr., Susan H. Floyd and the J.F. Floyd Mortuary, Inc., Respondents.

Supreme Court of South Carolina.

Decided December 9, 1991.

Attorney(s) appearing for the Case

James B. Drennan, III, and T. Alexander Evins, both of Drennen, Shelor, Cole & Evins, P.A., Spartanburg, for appellants.

Paul R. Hibbard and R. Ray Dennis, both of Johnson, Smith, Hibbard & Wildman, Spartanburg, for respondents.

Heard January 22, 1991.

Decided December 9, 1991.

FINNEY, Justice:

This is an appeal from a circuit court order transferring the case to the non-jury calendar. We reverse and remand.

Appellants' father, John Gordon Floyd (Gordon), and his brother, William Russel Floyd (Russel), each owned 50% of the outstanding common stock of J.F. Floyd Mortuary, Inc. (corporation). Gordon died November 29, 1969, and in February of 1971, his executors agreed...

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