Cerny v. Salter

Chandler, Justice:

In this appeal from the Master in Equity, Appellants (Cernys) challenge the constitutionality of S.C. Code Ann. § 15-41-30(11)(B) (Supp. 1992). We affirm.

FACTS

The Cernys obtained a judgment against Respondent Billy Salter for $5,400 plus attorney's fees. The Cernys, in supplementary proceedings to collect the judgment, attempted to attach an annuity which Salter received from the settlement of a medical malpractice suit.

The Master held Salter’s annuity from the malpractice suit exempt from attachment pursuant to S.C. Code Ann. § 15-41-30(11)(B) (Supp. 1992) (Homestead…