Cox v. Frierson

This case is before us on a writ of certiorari to the Court of Appeals to review its decision in Cox v. Frierson, — S.C. —, 429 S.E. (2d) 866 (Ct. App. 1993). Petitioners claim the Court of Appeals erred in affirming the special referee’s order of judicial sale. We affirm in part, reverse in part, and remand this case to the special referee for further proceedings.

This is an action for partition tried before a special referee. Despite the mandatory provision of Rule 71(a), SCRCP, that all proceedings in partition actions be recorded, no record was made in this case. The special referee found…