In the Matter of Estate of Herbert Franklin Dickson, Jr. ( 2022 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
In the Matter of Estate of Herbert Franklin Dickson, Sr.
Milton Oakley Dickson, Appellant,
v.
Arthur B. Beasley, Jr., as Personal Representative of the
Estate of Herbert F. Dickson, Sr., Respondent.
Appellate Case No. 2020-000782
Appeal From Sumter County
Dale Atkinson, Probate Court Judge
Unpublished Opinion No. 2022-UP-455
Submitted October 1, 2022 – Filed December 14, 2022
APPEAL DISMISSED
S. Jahue Moore and John Calvin Bradley, Jr., both of
Moore Bradley Myers, PA, of West Columbia, for
Appellant.
J Cabot Seth, of Jones Seth & Jones, LLP, and Kenneth
R. Young, Jr., both of Sumter, for Respondent.
PER CURIAM: Milton Oakley Dickson (Milton) appeals the probate court's
order distributing assets and residuary of the estate of Herbert Franklin Dickson,
Sr. (the Estate). On appeal, Milton argues (1) the probate court applied the
incorrect burden of proof; (2) Arthur B. Beasley, Jr.'s claims against the Estate
should be disallowed and he should be removed as personal representative for
breaching his fiduciary duties; and (3) this court may substitute its findings for the
probate court. We dismiss this appeal.
Because Milton failed to file an appeal with the circuit court prior to appealing to
this court, we dismiss this appeal for lack of appellate jurisdiction. See Dorn v.
Cohen, 421 S.C. 517, 520, 809 S.E.2d 53, 54 (2017) ("Appeals from the probate
court are governed by section 62-1-308 of the Probate Code . . . ."); S.C. Code
Ann. § 62-1-308 (2022) ("[A]ppeals from the probate court must be to the circuit
court and are governed by the following rules . . . .") (emphasis added); State v.
Brown, 358 S.C. 382, 387, 596 S.E.2d 39, 41 (2004) ("[T]his [c]ourt has held the
failure to comply with procedural requirements for an appeal divests a court of
appellate jurisdiction . . . ."); see, e.g., In re Estate of Cretzmeyer, 365 S.C. 12,
13-14, 615 S.E.2d 116, 116-17 (2005) (affirming the circuit court's dismissal of an
appeal from the probate court because the appellant failed to comply with the
procedural requirements of section 62-1-308).
APPEAL DISMISSED. 1
WILLIAMS, C.J., THOMAS, J., and LOCKEMY, A.J., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.