Funderburk v. Funderburk

Harwell, Justice:

This Court granted a writ of certiorari to review the decision of the Court of Appeals, reported at, 281 S. C. 246, 315 S. E. (2d) 126 (1984). The opinion is based upon a legal error and is quashed.

The wife petitioned the family court for a divorce on the ground of adultery and for the incorporation of a property settlement agreement into the decree. The husband alleged by answer that the agreement was unfair and resulted from overreaching by the wife’s attorney. He requested the court to void the agreement and to equitably divide the property.

On August 31, 1981, the family…