Judy v. Judy

393 S.C. 160 (2011)

712 S.E.2d 408

James T. JUDY, Petitioner,

v.

Ronnie JUDY, Respondent.

No. 26987.

Supreme Court of South Carolina.

Heard February 3, 2011.

Decided June 20, 2011.

Rehearing Denied August 5, 2011.

Capers G. Barr, III, of Barr, Unger & McIntosh, of Charleston, for Petitioner.

R. Bentz Kirby, of Orangeburg, for Respondent.

Justice BEATTY:

Following the resolution of his partition action in probate court, James Judy ("James") filed suit in circuit court asserting a cause of action for waste against his brother, Ronnie Judy ("Ronnie"), for the destruction of a pond located on a tract of real…