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FISHER v. HUCKABEE

Opinion No. 27765.

422 S.C. 234 (2018)

811 S.E.2d 739

Betty FISHER, ON BEHALF OF the ESTATE OF Alice SHAW-BAKER, Petitioner, v. Bessie HUCKABEE, Kay Passailaigue Slade, Sandra Byrd, and Peter Kouten, Respondents.

Supreme Court of South Carolina.

Filed February 28, 2018.

Rehearing Denied April 17, 2018.

Attorney(s) appearing for the Case

John Hughes Cooper, of the John Hughes Cooper, P.C., of Mount Pleasant, Lisa Fisher, of the Law Offices of Lisa Fisher, of Long Beach, California, pro hac vice, both for Petitioner.

Evan Smith, of the Evan Smith Law Firm, LLC, of Charleston, and Warren W. Wills III, of the Law Office of W. Westbrook Wills III, of Folly Beach, both for Respondents.

The question we address in this appeal is who may bring a civil action on behalf of the estate of a deceased person when the personal representative of the estate is also a potential defendant in the action. The answer is found in section 62-3-614 of our Probate Code, which provides, "A special administrator may be appointed ... in...

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