U.S. Bank National Association v. Frances L. Mack

Syllabus

In reviewing the order dismissing Appellant's declaratory judgment claim, we overrule Hambrick v. GMAC Mortgage Corporation, 370 S.C. 118, 634 S.E.2d 5 (Ct. App. 2006) to the extent it holds South Carolina circuit courts do not have subject matter jurisdiction to hear causes of action involving allegations of the unauthorized practice of law. We also clarify the procedure a party should follow when a claim involves the unauthorized practice of law. Finally, we reaffirm that Matrix Financial Services Corporation v. Frazer, 394 S.C. 134, 714 S.E.2d 532 (2011) only applies prospectively. Accordingly, we hold the Master had subject matter jurisdiction to hear Appellant's declaratory judgment claim and properly dismissed it under Rule 12(b)(6), SCRCP. We therefore affirm as modified.