TORRENCE v. S.C. DEPT. OF CORRECTIONS

No. 26328.

373 S.C. 586 (2007)

646 S.E.2d 866

Thomas J. TORRENCE and William Ray Ward, on behalf of themselves and all others similarly situated and Kimberly Dubose, on behalf of herself and all others similarly situated, Appellants, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS and The State of South Carolina, Defendants, of whom SOUTH CAROLINA DEPARTMENT OF CORRECTIONS is, Respondent.

Supreme Court of South Carolina.

Decided May 7, 2007.

Rehearing Denied July 19, 2007.


Attorney(s) appearing for the Case

A. Camden Lewis, and Peter D. Protopapas, of Lewis & Babcock, of Columbia, and Helen T. McFadden, of Kingstree, for Appellants.

Lake E. Summers, of Malone, Thompson & Summers, of Columbia, for Respondent.


Acting Justice COTTINGHAM.

This is a direct appeal from the trial court's dismissal of appellants' declaratory judgment action. We affirm in result.

FACTS

Appellants seek certain declarations of rights under various statutes related to the Prison Industries Program. See S.C.Code Ann. §§ 24-3-40, 24-3-310 thru -430 (2007). Appellants' Second Amended Complaint alleged a class action suit and described the class as follows: "The class...

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