Credit: Fantastic/Adobe Stock S.C. Appellate Court: Magistrate Overstepped Bounds By Issuing Ruling Over Title To Property, Landlord-Tenant Relationship
"Smith certainly has defenses to the Rivers' claims, and those defenses may be good ones, but our reading of precedent convinces us the magistrate's jurisdiction ends as soon as it becomes clear that there is a challenge to title and the traditional landlord-tenant relationship does not exist," Judge Blake A. Hewitt concluded, with Judges Paula H. Thomas and Stephanie McDonald concurring.
June 29, 2023 at 01:54 PM
4 minute read
The South Carolina Court of Appeals has overturned a magistrate's order of eviction after finding that the case fell within a statute prohibiting the jurist from exercising jurisdiction due to the title to a property being at issue.
The unanimous opinion, written by Judge Blake A. Hewitt, found several errors in a lower court upholding an eviction of pro se appellants, Rufus and Merle Rivers, that involved no written lease agreement.
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