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EX PARTE FOSTER

No. 25482.

350 S.C. 238 (2002)

565 S.E.2d 290

Ex parte John Martin FOSTER, Appellant, In re Thomas E. Pope as Solicitor, Respondent, v. Jonathan Edward Pate and One 1987 Nissan Sentra Automobile (VIN # 1N4PB22S3HC871896); Seven Hundred Ninety-Six and 67/100 ($796.67) Dollars in U.S. Currency; One Arch Pager (Serial # 1659257); One Alltel Mobile Phone (Serial # SWF1396E); and One Necklace-gold in color, Defendants, of whom Jonathan Edward Pate is Respondent.

Supreme Court of South Carolina.

Decided June 17, 2002.

Attorney(s) appearing for the Case

John Martin Foster, of Rock Hill, for appellant.

Assistant Solicitor Kevin Scott Brackett, of York, for respondent Pope.

Attorney General Charles M. Condon; Deputy Attorney General Treva G. Ashworth; and Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, for The State, Intervenor.

Assistant Appellate Defender Aileen P. Claire, of Columbia, for respondent Pate.

Lucy London McDow, of Rock Hill, for York County Bar Association, Inc., amicus curiae.

Justice PLEICONES.

Appellant, a licensed attorney, appeals an order appointing him Guardian ad Litem (GAL) for respondent Pate, the defendant in a civil forfeiture action. Appellant contends the order contains insufficient factual findings to support the appointment. We agree, and reverse and remand.

At the time of the appointment, Pate was incarcerated and, although the pleadings and orders make no reference to the rule, it appears the appointment was made...

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