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SMITH v. SOUTH CAROLINA RETIREMENT SYSTEM

No. 3025.

336 S.C. 505 (1999)

520 S.E.2d 339

Marian Kay SMITH, Appellant/Respondent, v. The SOUTH CAROLINA RETIREMENT SYSTEM, Respondent, Elena P. Smith, Respondent/Appellant.

Court of Appeals of South Carolina.

Decided July 6, 1999.

Rehearing Denied September 11, 1999.

Attorney(s) appearing for the Case

G. Dana Sinkler and Andrea H. Duenas, both of Warren & Sinkler, of Charleston, for appellant/respondent.

Ray P. McClain and Margaret D. Fabri, both of Charleston, for respondent/appellant.

Stephen R. Van Camp and Nancy E. Shealy, both of South Carolina Retirement System, of Columbia, for respondent.

ANDERSON, Judge:

Marian Smith appeals the trial court's dismissal of her declaratory judgment action against the South Carolina Retirement System. Elena Smith filed a cross-appeal, asserting the trial court erred (1) in refusing to dismiss Marian Smith's claim for constructive trust and (2) in failing to dismiss the declaratory judgment action with prejudice. We affirm the trial court's dismissal of the declaratory judgment action without prejudice and reverse the...

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