Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Department
2003-UP-412 - McCormick v. McCormick

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


Isaac �Frank� McCormick,        Respondent,

v.

Edna C. McCormick,        Appellant.


Appeal From Horry County
Tommy B. Edwards, Family Court Judge


Unpublished Opinion No.� 2003-UP-412
Submitted June 9, 2003 - Filed June 18, 2003�


AFFIRMED


J. Michael Taylor, of Columbia; for appellant.

Anita Ruth Floyd, of Conway; for respondent.

PER CURIAM:� The parties obtained a divorce in May 2001.� Edna C. McCormick, the wife, appeals several aspects of the family court�s final order.� The issues on appeal include identification and valuation of marital property, child support, alimony, and attorney fees.�

We affirm [1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:� Issue 1:� S.C. Code Ann. � 20-7-472 (Supp. 2002) (requiring the family court to �give weight in such proportion as it finds appropriate� to �all� of fifteen factors enumerated in the provision); Marsh v. Marsh, 313 S.C. 42, 46, 437 S.E.2d 34, 36 (holding �proceeds of a personal injury settlement acquired during the marriage are marital property subject to the family court�s jurisdiction�), aff�d, 313 S.C. 42, 437 S.E.2d 34 (1993); Peterkin v. Peterkin, 293 S.C. 311, 360 S.E.2d 311 (1987) (stating transmutation may occur when nonmarital property is used in such a manner as to show the parties intended to make it marital property); Johnson v. Johnson, 296 S.C. 289, 372 S.E.2d 107 (Ct. App. 1988) (holding that, on appeal, this court looks to the overall fairness of the apportionment); Bungener v. Bungener, 291 S.C. 247, 353 S.E.2d 147 (Ct. App. 1987) (holding the apportionment of marital property will not be disturbed on appeal absent an abuse of discretion); Issue 2:Mitchell v. Mitchell, 283 S.C. 87, 320 S.E.2d 706 (1984) (holding child support awards are addressed to the sound discretion of the family court); Engle v. Engle, 343 S.C. 444, 449, 539 S.E.2d 712, 714 (Ct. App. 2000) (�Where a parent voluntarily lessens his or her earning capacity, this Court will closely scrutinize the facts to determine the parent�s earning potential, rather than the parent�s actual income.�); Issue 3:� S.C. Code Ann. � 20-3-130(C) (1985 & Supp. 2002) (listing factors for the family court to consider in determining an alimony award); Allen v. Allen, 347 S.C. 177, 554 S.E.2d 421 (Ct. App. 2001) (noting an award of alimony rests within the sound discretion of the family court); Issue 4:E.D.M. v. T.A.M., 307 S.C. 471, 415 S.E.2d 812 (1992) (enumerating factors to be considered by the family court in awarding attorney fees); Stevenson v. Stevenson, 295 S.C. 412, 368 S.E.2d 901 (1988) (holding an award of attorney fees will not be overturned absent an abuse of discretion).��

AFFIRMED.

GOOLSBY and HOWARD, JJ., and BEATTY, A.J., concur.


[1] � Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.