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TERRY v. LEE

No. 24081.

445 S.E.2d 435 (1994)

Nancy W. TERRY, Appellant, v. Clyde J. LEE, Respondent.

Supreme Court of South Carolina.

Decided June 6, 1994.

Attorney(s) appearing for the Case

Robert J. Thomas and D. Randolph Whitt, both of Sherrill and Rogers, P.C., Columbia, for appellant.

Harvey L. Golden and Douglas K. Kotti, Columbia, for respondent.

TOAL, Justice:

This appeal arises from the family court's dismissal of an action for partition of military retirement under Rule 12(b), SCRCP, for lack of subject matter jurisdiction, failure to state a cause of action, and under the equitable doctrine of laches. We affirm.

FACTS

Nancy Terry and Clyde J. Lee, who was a Captain on active duty in the United States Navy, were divorced in California on May 3, 1968. Subsequent to the divorce, Captain...

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