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SPENCE v. WINGATE

No. 4585.

385 S.C. 316 (2009)

684 S.E.2d 188

Deborah W. SPENCE, Individually, and on behalf of the Estate of Floyd W. Spence, Appellant, v. Kenneth B. WINGATE, Sweeny Wingate & Barrow, P.A., Respondents.

Court of Appeals of South Carolina.

Decided July 9, 2009.

Withdrawn, Substituted and Refiled September 18, 2009.

Rehearing Denied September 19, 2009.

Attorney(s) appearing for the Case

A. Camden Lewis and Brady R. Thomas, both of Columbia, for Appellant.

Pope D. Johnson, III, of Columbia, for Respondents.

HEARN, C.J.

Deborah Spence (Wife) appeals from the circuit court's grant of partial summary judgment in favor of Kenneth Wingate, finding he did not breach his fiduciary duty to Wife regarding her husband's life insurance policy. We reverse.

FACTS1

On August 13, 2001, respondents Kenneth Wingate and Sweeny Wingate & Barrow, P.A. (collectively Wingate) commenced legal representation of Wife. The purpose of the...

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