Sports News

2010-09-03 / Local News

PHILLIPS CASE

Lawyer seeks appeal of ruling ordering defendant’s removal from Overbrook Drive home
By TIM GULLA Ledger Staff Writer tim@gaffneyledger.com

A lawyer for Julia Phillips has officially appealed a June 18 ruling in Cherokee County Probate Court that ordered Phillips’ removal from an Overbrook Drive home.

The appeal was clocked into the Cherokee County Clerk of Courts Office on Friday, the day after the Cherokee County Probate Court had already forwarded the contentious legal dispute to Court of Common Pleas.

While Phillips’ lawyer, Charles Marchbanks Jr., does not spell out in the appeal notice exactly how the Probate Court allegedly erred, the notice of appeal specifically spells out that the Probate Court’s previous rulings can’t be enforced “until the judgment of the circuit court, court of appeals, or Supreme Court is had.”

That means the Probate Court’s ruling to evict Phillips can’t be enforced while the appeal plays out.

Phillips, 66, was sued earlier this year in Probate Court by the estate of her late husband, Edward Bryant Phillips, which wants her and her son, Hunter Stephens, removed from an estate-owned home on Overbrook Drive.

On June 18, Probate Court Judge Joshua Queen granted a preliminary injunction in the case, which required Phillips and her son to vacate the home. In granting the injunction, Queen said he determined that such an action was necessary to preserve the trust property.

Bryant Phillips’ last will and testament had given Julia Phillips the right to live in the home until she died or remarried, but executors of the estate argued that the property wasn’t being maintained, that Julia Phillips had essentially abandoned the home while living with another man, and that Bryant Phillips could not have foreseen the events of the past few months when his will was written.

The lawsuit in Probate Court was filed shortly after Julia Phillips was charged with murder in York County in connection with the Feb. 4 strangulation death of her longtime boyfriend, Attorney Melvin Roberts.

As a condition of her bond, she is required to stay in the Overbrook Drive home.

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