Roberta Hardy Lewis, Petitioner v. Joseph Terrell Lewis, Respondent

Summary

The Supreme Court granted certiorari to review two aspects of the court of appeals' unpublished decision in this divorce action: its reversal of the family court's $800,000 valuation of the marital home and its modification of the family court's award of $23,066.25 in expert witness fees to the wife. Taking the occasion to give historical context to the appellate standard of review of family court findings, the Court held that review is de novo under article V, § 5 of the South Carolina Constitution, that 'abuse of discretion' is a misnomer embodying two sound principles—deference to the family court judge's superior position to judge credibility and the appellant's burden to show the preponderance of the evidence is against the finding—and that family court factual findings stand unless the appellant carries that burden. Applying that framework, the Court found record evidence supported the $800,000 valuation, rejected the husband's challenge because he offered only cursory competing proof and could not be given 'a second bite at the apple,' and upheld the fee allocation in light of the experts' credibility, the materiality of their testimony, and the parties' income disparity, reversing the court of appeals and reinstating the family court's order. Chief Justice Toal, joined by Justice Kittredge, concurred separately to reject the dissent's position that certiorari review of equitable actions is confined to errors of law, while Justice Pleicones dissented and would have dismissed the writ as improvidently granted.