· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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