[DOWNLOAD] "Depuy v. Hoeme" by South Carolina Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Depuy v. Hoeme
- Author : South Carolina Supreme Court
- Release Date : January 15, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
1 The issue tendered for our decision is whether the deceased predecessor trial judges 1977 oral postdecree, midappeal directives - specifying the work required to satisfy the command of a previously issued mandatory injunction - had res judicata effect in the instant enforcement proceeding before the successor judge. Disposition of this question requires that we initially focus on the previous midappeal enforcement directives. Because no journal entry was ever prepared of this 1977 judicial ruling whose unmemorialized terms vitally affect the inquiry into issues presently on appeal, the trial courts postdecree decision now before us must be reversed and the cause remanded with directions to settle the journal entry of this critical disposition in an adversary hearing to be conducted on due notice to the parties. After the memorialization process has been completed, the trial court shall then decide if the predecessor judges ruling constituted a final and appealable postdecree order; if so, the memorialized disposition shall be given res judicata effect insofar as the ruling defined the details of the work that must be performed to comply with the mandatory injunction decree of November 29, 1976.