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SIMMONS v. SIMMONS

No. 4043.

370 S.C. 109 (2006)

634 S.E.2d 1

Essie SIMMONS, Respondent, v. Rubin SIMMONS, Appellant.

Court of Appeals of South Carolina.

Decided November 14, 2005.

Withdrawn, Substituted, and Refiled April 10, 2006.

Rehearing Denied April 10, 2006.

Attorney(s) appearing for the Case

Donald Jay Budman, of Charleston, for Appellant.

Paul E. Tinkler, of Charleston, for Respondent.

CURETON, A.J.:

Rubin Simmons (Husband) appeals the denial of his motion for relief from judgment arguing the family court lacked subject matter jurisdiction when it entered a divorce decree effecting an equitable division of Husband's Social Security benefits. We reverse.1

FACTS

On August 24, 1990, Husband and Essie Simmons (Wife...

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