SCDSS v. Brown

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT
BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

South Carolina Department of Social Services, ex rel. Jean May Hong,        Respondent,

v.

Thomas Brown is        Appellant.

In the interest of: Annie May Brown, 10/20/1996, a minor under the age of 18.

Appeal From Pickens County
Alvin D. Johnson, Family Court Judge

Unpublished Opinion No. 2004-UP-637
Submitted December 1, 2004 Filed December 16, 2004

REVERSED AND REMANDED

S. Paul Aaron, of Clemson, for Appellant.

Dottie C. Ingram, of Pickens; Robert P. Lusk and Floy C. Kenyon, both of Anderson, for Respondent.

Ann S. Miner, of Pickens, for Guardian ad Litem.

PER CURIAM:  Thomas Brown appeals the family court order granting Jean May Hong custody of their child.  Since the final order is conclusory and fails to set forth specific findings as required by Rule 26(a), SCRFC, we reverse and remand for the issuance of a proper order. [1]  

REVERSED AND REMANDED.

HUFF, KITTREDGE, and BEATTY, JJ., concur.

[1]        We recognize that the trial judge announced his decision from the bench, and in so doing, provided the apparent underlying basis for the award of custody to the mother.  No findings, however, were included in the final order, thereby precluding appellate review.