Legal Opinion · Dissent

Hall v. Board of Trustees of Sumter County School District No. 2

Court of Appeals of South Carolina

Decided March 16, 1998No. 2811Published

1DissentHowell, Chief Judge

I respectfully dissent. The majority concludes that Hall’s insubordination cannot constitute “an evident unfitness for teaching” as contemplated by S.C.Code Ann. § 59-25-430 (1990), thereby causing the Board’s decision to be controlled by an error of law. The majority, however, overlooks the evidence before the Board concerning Hall’s gross unprofessional conduct and insubordination. I believe that Hall’s insubordination, standing alone, constituted “an evident unfitness for teaching” and, given our scope of review, would reverse the trial court.

The General Assembly specifically empowered…

2Cases cited5 opinions

  1. Young v. McKelveySupreme Court of South Carolina · 1985
  2. Freeman v. King Pontiac Co.Supreme Court of South Carolina · 1960
  3. Kizer v. Dorchester County Vocational Educational Board of TrusteesSupreme Court of South Carolina · 1986
  4. Porter v. Pepsi-Cola Bottling Co.Supreme Court of South Carolina · 1966
  5. Felder v. Charleston County School DistrictSupreme Court of South Carolina · 1997

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