Lewis v. Lewis
392 S.C. 381
| S.C. | 2011Background
- Petitioner Roberta Hardy Lewis seeks dissolution of marriage with Respondent Joseph Terrell Lewis in the South Carolina family court.
- The family court valued the marital residence at $800,000 based on Petitioner's real estate appraisal.
- Respondent challenged the appraised value and the Court of Appeals remanded and suggested a different approach to valuation and fees.
- The Court of Appeals reversed the family court on both the valuation and expert-witness-fee rulings.
- The Supreme Court granted a writ of certiorari to review those two issues and reinstated the family court's orders.
- The Court held de novo review and equity principles support the family court’s valuation and expert-fee rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Valuation of the marital home | Lewis contends the appraiser's $800,000 valuation should stand. | Lewis argued the appraisal method and comparables undermined the $800,000 figure. | Family court valuation affirmed; $800,000 adopted. |
| Award of expert-witness fees | Lewis argues trial court properly ordered Respondent to pay fees. | Lewis contends the Court of Appeals erred in reversing the fee award. | Expert-witness-fee award upheld; Court of Appeals' reversal reversed. |
Key Cases Cited
- Eason v. Eason, 384 S.C. 473 (2009) (abuse of discretion standard in equity appeals; de novo review contemplated)
- Finley v. Cartwright, 55 S.C. 198 (1899) (preponderance of evidence standard; foundational to de novo review in equity)
- Rutherford v. Rutherford, 307 S.C. 199 (1992) (constitutional scope of appellate review in equity actions; de novo permitted)
- Crowder v. Crowder, 246 S.C. 299 (1965) (historic de novo authority to find facts in equity cases)
- Townes Associates, Ltd. v. City of Greenville, 266 S.C. 81 (1976) (establishes de novo review in equity cases)
- Murphy v. Murphy, 319 S.C. 324 (1995) (wide discretion in equitable property division)
- Payne v. Holiday Towers, Inc., 283 S.C. 210 (Ct.App. 1984) (valuation of marital assets is a factual determination)
- Seaboard Coast Line R.R. v. Harrelson, 262 S.C. 43 (1974) (landowner may testify to value; credibility of witnesses matters)