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FLEMING v. ASBILL

No. 24594.

326 S.C. 49 (1997)

483 S.E.2d 751

Todd Douglas FLEMING, individually and by his next friend, Kenneth L. Fleming, Plaintiff, v. Mary Ann ASBILL, Defendant.

Supreme Court of South Carolina.

Decided March 31, 1997.

Attorney(s) appearing for the Case

Calvin A. Rouse, Augusta, GA, for Plaintiff.

Charles J. Baker, III, and Mia Lauren Maness, both of Holmes & Thomson, Charleston; Desa A. Ballard, of Ness, Motley, Loadholt, Richardson & Poole, Charleston; and S. Jahue Moore, of Kirkland, Wilson, Moore, Allen & Taylor, West Columbia, for Defendant.

Thomas M. Neal, III, of Oxner & Oxner, Columbia, for Amicus Curiae South Carolina Association of Guardians ad Litem.

TOAL, Justice.

We agreed to answer two questions certified to this Court by order of Matthew J. Perry, United States District Judge for the District of South Carolina:

1. Is a private person, who is court-appointed to serve as guardian ad litem in a private custody proceeding, acting as an agent or employee of the State of South Carolina within the definition of employee set forth in the South Carolina Tort Claims...

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