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EMERY v. SMITH

No. 3870.

361 S.C. 207 (2004)

603 S.E.2d 598

Sharon EMERY, Respondent, v. Ross J. SMITH, Appellant.

Court of Appeals of South Carolina.

Decided September 27, 2004.

Attorney(s) appearing for the Case

W. Tracy Brown, of Charleston, for Appellant.

Gregory S. Forman, of Charleston, for Respondent.

ANDERSON, J.:

Sharon Emery (Emery) initiated this action against Ross J. Smith (Smith), her ex-husband, to enforce her right to 25% of his military retirement benefits. The family court rejected Smith's laches defense and ordered him to pay Emery 25% of the benefits received since his retirement in 1991. We affirm as modified and remand.

FACTUAL/PROCEDURAL BACKGROUND

Smith was in the United States Navy when he and Emery were married in 1973...

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