Date: 04-27-2022

Case Style:

Berkley T. Feagin v. Carmbira C. Feagin

Case Number: 2022-UP-180

Judge: Per Curiam

Court: Court of Appeals of South Carolina (Florence Count)

Plaintiff's Attorney: Marina Dawn Nettle

Defendant's Attorney: Pro Se

Description: Florence, South Carolina family law divorce lawyer represented Petitioner seek a divorce.


Cambria C. Feagin seeks for this court to reconsider any issue other than the ground for divorce, we find the mediated settlement agreement addressed "all issues (other than the issue of divorce)"; thus, Cambria waived any right of appeal by consenting to the agreement and asking the family court to approve it. See Calcutt v. Calcutt, 282 S.C. 565, 572, 320 S.E.2d 55, 59 (Ct. App. 1984) ("It is well settled an appeal will not be entertained from an order by consent."); id. ("The right of appeal from such an order is regarded as waived."); id. ("This is especially true when, as here, there is nothing in the record controverting the fact that the parties consented . . . .").

Further, as to whether the family court erred by granting the parties a divorce on the ground of one years' continuous separation, we find the family court did not err because Berkley T. Feagin sought a divorce on this ground and Cambria has failed to establish she objected. See Simmons v. Simmons, 392 S.C. 412, 414, 709 S.E.2d 666, 667 (2011) ("In appeals from the family court, this [c]ourt reviews factual and legal issues de novo."); Lewis v. Lewis, 392 S.C. 381, 392, 709 S.E.2d 650, 655 (2011) ("[A]n appellant is not relieved of his burden to demonstrate error in the family court's findings of fact. Consequently, the family court's factual findings will be affirmed unless 'appellant satisfies this court that the preponderance of the evidence is against the finding of the [family] court.'" (quoting Finley v. Cartwright, 55 S.C. 198, 202, 33 S.E. 359, 360-61 (1899))).
Feagin v. Feagin (S.C. App. 2022)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: