State v. Bixby, 723 S.E.2d 841

ORDER

This order addresses Appellant’s motion to abate her case ab initio and withdraw opinion number 4768, refiled August 10, 2011. After a careful consideration of the motion, the Court finds Appellant passed away while her petition for rehearing was pending. Hence, the Court grants Appellant’s request to abate the appeal and withdraw the opinion. However, the Court declines to find the abatement should be ab initio. See State v. Anderson, 281 S.C. 198, 199, 314 S.E.2d 597, 597 (1984) (“[T]he death of a criminal appellant, prior to the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal.”).

/s/John C. Few, C.J. /s/Paula H. Thomas, J. /s/Daniel F. Pieper, J.

Case Details

Case Name: State v. Bixby

Court Name: Court of Appeals of South Carolina

Date Published: Oct 19, 2011

Citations: 723 S.E.2d 841; 397 S.C. 154; 2011 WL 5059875; 2011 S.C. App. LEXIS 312; Trial Court Case No.2004-GS-01-00325

Docket Number: Trial Court Case No.2004-GS-01-00325

Court Abbreviation: S.C. Ct. App.