Jennings v. Jennings
South Carolina Supreme Court
401 S.C. 1 (2012)
- Written by Miller Jozwiak, JD
Facts
Gail Jennings (defendant) discovered that her husband, Lee Jennings (plaintiff), had addressed a card for flowers to another woman. Lee admitted to the affair and to emailing with the other woman. Gail told her daughter-in-law, Holly Broome (defendant). Broome, who had worked for Lee, accessed Lee’s email account by correctly guessing his email security answers. Later evidence showed that after Lee received the emails on his provider’s server, he opened them. However, Lee never downloaded the emails or saved a copy to another location. Broome shared copies of the emails with Gail and Gail’s divorce-proceedings legal team. Lee then sued Broome (and others) for (among other things) violating the Stored Communications Act (SCA). The trial court granted summary judgment to Broome, and Lee appealed. The intermediate appellate court reversed, and the South Carolina Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Hearn, J.)
Concurrence (Pleicones, J.)
Concurrence (Toal, C.J.)
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