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 Supreme Court

Robert Widdicombe, Respondent,

v.

Rachel P. Dupree, Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal from Charleston County
 Paul W. Garfinkel, Family Court Judge

Memorandum Opinion No. 2008-MO-035
Submitted June 26, 2008 – Filed August 4, 2008

REVERSED

Ms. Rachel P. Tucker-Cales, of Mt. Pleasant, pro se.

Paul B. Ferrara, III, of N. Charleston, for Respondent.

PER CURIAM:  After careful review of the Appendix and briefs, we reverse the Court of Appeals decision[1] which affirmed the family court order holding petitioner in contempt.  Mosely v. Mosier, 279 S.C. 348, 306 S.E.2d 624 (1983)(parent who is financially unable to pay child support should not be held in contempt).

REVERSED.

TOAL, C.J., MOORE, WALLER, PLEICONES and BEATTY, JJ., concur.

[1] Widdicombe v. Dupree, Op. No. 2005-UP-480 (S.C. Ct. App. filed August 17, 2005).