American Service Corp. v. Hickle , 312 S.C. 520 ( 1993 )


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  • *523Toal, Justice,

    concurring:

    I concur in result with the majority. Under equal protection, the classification must bear a reasonable relation to the legislative purpose. Gary Concrete Products Inc. v. Riley, 285 S.C. 498, 506, 331 S.E. (2d) 335, 340 (1985) (Gregory and Chandler dissenting). The limitation of the exemptions to those domiciled in South Carolina prevents debtors from receiving the benefits of South Carolina exemption statute in addition to the exemptions of their home state. Further, the exemptions provided in the debtor’s home state may be inconsistent with those provided for South Carolina residents. Accordingly, I agree that the limitation to South Carolina residents is not plainly arbitrary and, therefore, does not violate equal protection.

Document Info

Docket Number: 23936

Citation Numbers: 435 S.E.2d 870, 312 S.C. 520, 1993 S.C. LEXIS 192

Judges: Chandler, Harwell, Finney, Moore, Toal

Filed Date: 9/20/1993

Precedential Status: Precedential

Modified Date: 11/14/2024