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· 3/18/1994

Hyde v. South Carolina Department of Mental Health

Citations

  • 442 S.E.2d 582
  • 314 S.C. 207
  • 9 I.E.R. Cas. (BNA) 630
  • 1994 S.C. LEXIS 63

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • \The general rule is that administrative remedies must be exhausted absent circumstances supporting an exception to application of the general rule.\
  • \The general rule is that administrative remedies must be exhausted absent circumstances supporting an exception to application of the general rule.\
  • \A trial judge must have a sound basis for excusing the failure to exhaust administrative relief.\
  • \Whether administrative remedies must be exhausted is a matter within the [circuit court's] sound discretion and [its] decision will not be disturbed on appeal absent an abuse thereof.\
  • “We find the trial judge abused his discretion in finding as a matter of law that [plaintiff] did not have to exhaust administrative remedies simply because the [statute] does not expressly require it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Chandler, Finney, Howell, Toal

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.