County Administrator Rodney Berry’s attorneys have filed a motion in the treasurer’s complaint to substitute the Dillon County Board of Education and Northeastern Technical College as the real parties in interest to prosecute this action and to dismiss Jamie Calhoun Estes, Treasurer of Dillon County, as a plaintiff in this matter.
The motion states the following:
STATE OF SOUTH CAROLINA
COUNTY OF DILLON
Jamie Calhoun Estes, as Treasurer of Dillon County,
Plaintiff,
vs.
Rodney Berry, as Administrator of Dillon County and In His Capacity as The Chief Officer of the Dillon County Government; Dillon County Board of Education; and Northeastern Technical College,
Defendants.
IN THE COURT OF COMMON PLEAS FOR DILLON COUNTY
IN THE FOURTH JUDICIAL CIRCUIT
C/A No.: 2017-CP-17-0351
MOTION TO SUBSTITUTE THE REAL PARTIES IN INTEREST
The defendant, Rodney Berry, as Administrator of Dillon County and in his capacity as Chief Officer of the Dillon County Government, by and through the undersigned attorneys, hereby moves, pursuant to Rule 17(a), SCRCP, to substitute the Dillon County Board of Education and Northeastern Technical College as the real parties in interest to prosecute this action and to dismiss Jamie Calhoun Estes, as Treasurer of Dillon County, as a plaintiff in this matter because she lacks the capacity to sue the County pursuant to Rule 17(b), SCRCP.
The basis for this Motion is that Ms. Estes, as Treasurer of Dillon County, has no authority to prosecute this action on behalf of the Dillon County Board of Education or Northeastern Technical College. The Dillon County Board of Education and Northeastern Technical College are the only parties who arguably have an interest in the proceeds from the local option sales tax and general budget for Fiscal Year 2017-2018 that gave rise to the present dispute. As real parties in interest, these entities would be arguing their purported entitlement to the funds in question. On the other hand, Ms. Estes, as county treasurer, has no real interest in these funds and her statutory duty to issue checks is merely ministerial. In other words, her duty to issue checks “is one described and defined by law with such precision as to leave nothing to the exercise of judgment or discretion. In is absolute, certain and imperative, and involves the execution of a set task.” Parker v. Brown, 195 S.C. 35, __, 10 S. E.2d 625, 634 (1940). Because Ms. Estes has no capacity to bring the instant lawsuit on behalf of the Dillon County Board of Education or Northeastern Technical College, the Court should dismiss her therefrom and substitute those entities as the plaintiffs and real parties in interest.
In support of this Motion, the defendant, Rodney Berry, will rely upon a memorandum of law and any affidavits or other court documents herewith, or that may be submitted prior to a hearing, demonstrating that the Dillon County Board of Education or Northeastern Technical College -not Jamie Calhoun Estes- are the real parties in interest in this matter.
Respectfully submitted,
SOWELL GRAY ROBINSON STEPP & LAFFITTE, LLC
Attorneys for Defendant Rodney Berry
