FIRST UNION NAT'L BANK OF S.C. v. HITMAN, INC

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Docket Number

23663

Attorney(S)

W. Brantley Harvey, Jr. and John M. Tatum, III, both of Harvey Battey, P.A., Beaufort, for petitioner. Edward E. Bullard, Hilton Head Island, for intervenor. Russell P. Patterson, of Jones, Scheider Patterson, P.A., Hilton Head Island, and E. Douglas Pratt-Thomas, of Wise and Cole, Charleston, for respondent. George E. Mullen, Hilton Head Island, for NCNB South Carolina.

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FIRST UNION NATIONAL BANK OF SOUTH CAROLINA, Respondent v. HITMAN, INC.,Mark D. Axler, Sherry A. Axler, NCNB South Carolina, Of whom Hitman Inc.,is Petitioner, and Chris Construction Company is, Inter

Submitted April 20, 1992.

Decided May 26, 1992.

Per Curiam:

We granted certiorari to review the decision of the Court of Appeals in First Union National Bank of South Carolina v. Hitman, et al., ___ S.C. ___, 411 S.E.2d 681 (Ct.App. 1991). We affirm.

The sole question before us is whether a trial judge commits reversible error by issuing a written order which is in conflict with his prior oral ruling from the bench. We agree with the analysis of the Court of Appeals, and hold that a judge is not bound by the prior oral ruling and may issue a written order which is in conflict with the oral ruling. To the extent McCranie v. Davis, 278 S.C. 513, 299 S.E.2d 338 (1983), is inconsistent with this opinion, it is overruled. Accordingly, the decision of the Court of Appeals is

Affirmed.

FIRST UNION NATIONAL BANK OF SOUTH CAROLINA, Respondent v. HITMAN, INC.,Mark D. Axler, Sherry A. Axler, NCNB South Carolina, Of whom Hitman Inc.,is Petitioner, and Chris Construction Company is, Inter

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