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GARY v. LOWCOUNTRY MEDICAL TRANSPORT

Opinion No. 5563.

424 S.C. 18 (2018)

817 S.E.2d 291

Angel Y. GARY as Personal Representative of the Estate of Blondell M. Gary, Respondent, v. LOWCOUNTRY MEDICAL TRANSPORT, INC., American Medical Response, Inc., d/b/a Access2Care, and Eugene A. Kirkland, In re: Charles Gary, Purported Surviving Spouse, Defendants, Of whom Charles Gary, Purported Surviving Spouse, is the Appellant.

Court of Appeals of South Carolina.

Filed May 23, 2018.

Rehearing Denied August 16, 2018.

Attorney(s) appearing for the Case

Joseph Dawson, III , of North Charleston, for Appellant.

Richard Alexander Murdaugh , Bert Glenn Utsey, III , and Austin Howell Crosby , all of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondent.

In this action Charles Gary asserts the circuit court erred by determining he was not Blondell Gary's husband at the time of her death and not an heir to her estate. Charles asserts the estate should be estopped from taking a position contradictory to its pleadings in previous cases. We affirm.

FACTS

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