Bancohio National Bank v. Neville ex rel. Estate of McCurry

Toal, Justice:

This case comes before the Court on a Writ of Certiorari to the Court of Appeals to review a decision affirming the Master-in-Equity’s closing of a public road, and to review the Court of Appeals’ interpretation of the South Carolina Rules of Civil Procedure. We REVERSE.

*325Facts

An action was filed in Oconee County to close and abandon South Carolina Road S-37-675, under S.C. Code Ann. § 57-9-10 (1991). All respondents were properly noticed and served. The Nevilles, petitioners, were the only parties excepting to the closure of the roadway. In their answer to the court, the…