First Palmetto State Bank and Trust Co. v. Boyles

Finney, Justice:

This appeal is from an order of reference in an action for claim and delivery. We vacate the order and remand for trial.

On July 5,1988, respondent First Palmetto State Bank and Trust, n/k/a Southern National Bank (Bank), filed a claim and delivery action against appellants William G. Boyles, Jr., George Boyles, d/b/a George Boyles Construction Company, and Celestine Boyles (the Boyles). On July 27,1988, the Bank served its summons and complaint on the Boyles. The Boyles’ answer was filed on August 12,1988.

The Bank prepared a proposed order referring the case to a…