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PORTMAN v. GARBADE

No. 3048.

337 S.C. 186 (1999)

522 S.E.2d 830

Barnard M. PORTMAN, Gary D. Brown, Donald v. Barkowitz and Michael K. Gardner, Appellants, v. Donald H. GARBADE, Jr., Richard L. Garbade, Nancy Garbade Jenkins, Arnold Berg Garbade, Jr., David M. Garbade, Phillip M. Garbade and Edward Perry Garbade, Of Whom Donald H. Garbade, Jr., Richard L. Garbade, and Nancy Garbade Jenkins are, Respondents.

Court of Appeals of South Carolina.

Decided September 20, 1999.

Attorney(s) appearing for the Case

Darrell T. Johnson, Jr., of Darrell T. Johnson, Jr. Law Offices, of Hardeeville, for appellants.

A. Parker Barnes, Jr. and David S. Black, both of A. Parker Barnes, Jr. & Associates, of Beaufort, for respondents.

PER CURIAM:

After Rehearing, the Court withdraws the previously filed opinion and substitutes the attached opinion.

HUFF, Judge:

Barnard M. Portman, Gary D. Brown, Donald V. Barkowitz and Michael K. Gardner (Attorneys) brought this action seeking partition of land in which they claim they owned a percentage of the interest of their former clients, (Garbades). The trial court granted the Garbades' Rule 12(b)(6), SCRCP motion. We affirm.

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