Legal Opinion · Concurrence

Hagy v. Pruitt

Court of Appeals of South Carolina

Decided May 4, 1998No. 2837Published

1ConcurrenceHoward, Judge

I concur only in the result reached by the majority. However, I disagree with the majority’s basis for reversal. The majority states the issue as follows:

“The question before us is not whether the adoption decree may be collaterally attacked where fraud is alleged in the procurement of parental consent. Rather, the question is whether the action is barred by § 20-7-1800 because it was brought more than one year after the issuance of the final adoption decree.”

The majority then concludes that the specific language in section 20-7-1800 precludes this action. In so doing, the majority overlooks…

2Cases cited19 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  3. Hilton Head Center of South Carolina, Inc. v. Public Service CommissionSupreme Court of South Carolina · 1987
  4. Burgess v. American Cancer Society, South Carolina Division, Inc.Court of Appeals of South Carolina · 1989
  5. Berry v. McLeodCourt of Appeals of South Carolina · 1997

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