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ROWE v. CITY OF COLUMBIA12/4/1989
The trial court's order granting summary judgment for City and Jones states that, while not controlling, the declaratory judgment was persuasive authority for its decision. Further, the order states that, in the event this Court were to reverse the declaratory judgment, the trial judge would reverse its summary judgment order and allow Rowe to pursue her claim.
In light of Section 15-53-80 and Pharr, the trial judge should not have considered the declaratory judgment action as evidence that City and Jones did not have applicable
Reversed.
GREGORY, C.J., and HARWELL, CHANDLER and FINNEY, JJ., concur.
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