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Fielden v. Fielden

Supreme Court of South Carolina
Jan 17, 1980
274 S.C. 219 (S.C. 1980)

Opinion

21128

January 17, 1980.

Robert S. Haight, Jr., and Harry Pavilack, Myrtle Beach, for appellant. D.W. Green, Jr., of Burroughs, Green Sasser, Conway, for respondent.


January 17, 1980.


This appeal is taken from an Order of the Family Court, issued March 30, 1979, interpreting and enforcing a provision of a Separation Agreement entered into between the parties on November 10, 1977. The record before this Court is void of any indication that this agreement was incorporated or merged into any Family Court order issued prior to the Order now on appeal. The action is then of a contractual nature.

This Court is aware of the May 16, 1979 Divorce Decree which incorporated the 1977 Separation Agreement. However, that event, which occurred subsequent to entry of the Order on appeal, cannot operate to cure the Family Court's lack of subject matter jurisdiction at the time that Order was issued.

Family Courts have no subject matter jurisdiction over actions in contract. Zwerling v. Zwerling, S.C. 255 S.E.2d 850 (1979); McGrew v. McGrew, S.C. 257 S.E.2d 743 (1979). Lack of subject matter jurisdiction cannot be waived and should be taken notice of by this Court on its own motion. Harden v. S.C.H.D., 266 S.C. 119, 221 S.E.2d 851 (1976); McCullough v. McCullough, 242 S.C. 108, 130 S.E.2d 77 (1963).

Accordingly, the Order of the Family Court is vacated.


Summaries of

Fielden v. Fielden

Supreme Court of South Carolina
Jan 17, 1980
274 S.C. 219 (S.C. 1980)
Case details for

Fielden v. Fielden

Case Details

Full title:Patricia H. FIELDEN, Respondent, v. Charles L. FIELDEN, Appellant

Court:Supreme Court of South Carolina

Date published: Jan 17, 1980

Citations

274 S.C. 219 (S.C. 1980)
262 S.E.2d 43

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