FLORENCE COUNTY v. MOORE

No. 25277.

344 S.C. 596 (2001)

545 S.E.2d 507

FLORENCE COUNTY, Respondent, v. Albert MOORE, Florence County Treasurer, and Dean C. Fowler, Jr., Florence County Treasurer-Elect, Defendants, of whom Albert Moore is Appellant, and Dean C. Fowler, Jr. is Respondent.

Supreme Court of South Carolina.

Decided April 9, 2001.


Attorney(s) appearing for the Case

Steve Wukela, Jr., of Florence, for appellant.

Attorney General Charles M. Condon, Deputy Attorney General Treva G. Ashworth, and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for respondent Fowler.

Florence County Attorney Dale R. Samuels, of Florence, for respondent Florence County.


PLEICONES, Justice:

This case comes before the Court on appeal from the circuit court. The court below held that the candidate elected county treasurer in a general election for the term to commence on July 1, 2001, was entitled to assume office before that date, immediately upon taking the oath of office, notwithstanding that the office was filled by a gubernatorial appointee whose term had not expired. We reverse.

FACTS/ PROCEDURAL HISTORY

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