Legal Opinion · Dissent

Taylor v. Murphy

Supreme Court of South Carolina

Decided August 24, 1987No. 22775Published

1DissentNess, Chief Justice

I strongly disagree with the majority and therefore dissent. The repeal of the South Carolina Governmental Motor Vehicle Tort Claims Act cannot divest appellants Taylor and Mobley of rights which had vested prior to repeal.

The majority correctly states the general rule regarding repeal of a statute. The statement, however, is incomplete.

“The general rule ... is that repeal of a statute has the effect of blotting it out as completely as if it had never existed and of putting an end to all proceedings under it. [Citations omitted.] But it is equally well settled that a *320repealing act ought not…

2Cases cited6 opinions

  1. Cusick v. FeldpauschMichigan Supreme Court · 1932
  2. South Carolina Mental Health Commission v. MaySupreme Court of South Carolina · 1954
  3. City of Myrtle Beach v. RichardsonSupreme Court of South Carolina · 1984
  4. Hasell v. Medical Society of South Carolina, Inc.Supreme Court of South Carolina · 1986
  5. Nohrden v. North Eastern R. R.Supreme Court of South Carolina · 1899

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