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POWELL EX REL. KELLEY v. BANK OF AM.

No. 4415.

379 S.C. 437 (2008)

665 S.E.2d 237

Cody Steven POWELL, by and through his Conservator, Kelly H. KELLEY, and his natural and legal guardian, Elizabeth Powell, Respondent, v. BANK OF AMERICA, Karen P. Unrue, and Travis Powell, Defendants, and Elizabeth Powell, Defendant/Intervenor, of whom Bank of America is the, Appellant/Respondent, and Elizabeth Powell is the, Respondent/Appellant.

Court of Appeals of South Carolina.

Decided June 20, 2008.

Attorney(s) appearing for the Case

Clarence Davis and T. William McGee, III, both of Columbia, for Appellant-Respondent.

Jennifer R. Kellahan, W.E. Jenkinson, III, and Ronnie Alan Sabb, all of Kingstree, for Respondent.

Helen Tyler McFadden, of Kingstree, for Respondent-Appellant.

Harry C. Wilson, Jr., of Sumter, for Defendant Travis Powell.

KITTREDGE, J.:

We are presented with cross-appeals arising from an order apportioning interpleaded funds in a severed equitable action. The appeal of the Bank of America (the Bank) is dismissed because it has no legal interest in the interpleaded funds and is not an aggrieved party in the severed equitable action. Because the Bank's appeal is dismissed, we decline to address the remaining issues.

I.

On November 19, 2000, Steven Powell died in a work...

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