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DECISIONS Young’s e-mail address is gyoungnlj.com. because he did not intervene in a class action involving tax refunds to elderly citizens, the South Carolina attorney general cannot appeal a trial court’s order setting a reasonable attorney fee rate in the settlement, the South Carolina Supreme Court said on June 30. Ex Parte: Charlie Condon, No. 25670. Citizens aged 85 and older settled with several retailers, hotels and the department of revenue to recoup the 1% sales tax from which they were supposed to have been exempt. The settlement said the circuit court would have responsibility for calculating attorney fees, and the circuit court determined that 28% of the $7.5 million fund would go to attorney fees and more than $52,000 would be deducted for expenses. The South Carolina attorney general filed a notice of appeal. The Supreme Court dismissed the appeal, ruling that the attorney general could not appeal a decision to which he was not a party. The court said he could have appealed if he had intervened in the case, but the court rejected the attorney general’s argument that his right to appeal simply derived from his duty to represent state agencies (in this case, the department of revenue) in litigation or from his duty to bring actions on behalf of the public good. Though not rendering a decision on the merits of the fee issue, the court said that it appeared that the circuit court’s calculation was reasonable.

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