Civil Practice – Precluded from Appellate Review – Conversion Cause of Action

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Appellant’s arguments are precluded from appellate review because he failed to challenge the jury’s verdict in Respondent’s favor on the conversion cause of action.

We affirmed pursuant to Rule 220(b), SCACR.

Gary L. Grossman appealed a jury verdict in favor of respondent James R. Brady finding Grossman breached a contract with Brady and converted his personal property and an order denying Grossman’s motion for judgment notwithstanding the verdict (JNOV). Grossman argued the trial court erred when it denied his motion for a directed verdict and motion for JNOV because (1) contracts which assigned interests to Brady in Hilton Head Homes at Allenwood, LLC and Village Square Development Company, LLC contained merger clauses superseding a prior agreement between Brady and Grossman and (2) the prior agreement was unenforceable under the statute of frauds.

Brady sued Grossman for breach of contract, conversion, and quantum meruit, alleging Grossman breached a prior agreement between the two and exercised the unauthorized assumption and right of ownership over money to which Brady had an interest under the terms of the prior agreement. The jury returned verdicts in favor of Brady as to both causes of action and awarded Brady $711,027 on each cause of action. Thereafter, the trial court entered a judgment against Grossman in Brady’s favor in the amount of $711,027.

On appeal, Grossman raised two issues, arguing the trial court erred when it denied his motions for directed verdict and JNOV because it failed to hold that a prior agreement was superseded by subsequent agreements and the prior agreement was unenforceable under the statute of frauds. We held Grossman’s arguments, which only challenge the trial court’s failure to grant a directed verdict and JNOV as to the breach of contract claim, are precluded from appellate review because Grossman failed to challenge the jury’s verdict in Brady’s favor on the conversion cause of action.

Affirmed.

Brady v. Hilton Head Homes at Allenwood LLC (Lawyers’ Weekly No. 012-020-25, 3 pp.) (Per Curiam) Appealed from Beaufort County Circuit Court (Bentley Price, J.) George Hamlin O’Kelley, III, of Buist Byars & Taylor, LLC, of Mt. Pleasant, for Appellants; Jesse Sanchez, of The Law Office of Jesse Sanchez, LLC, of Mount Pleasant; and Glynn Lindsey Capell and Charles Whaley Thomson, both of Capell Thomson, LLC, of Charleston, all for Respondent. South Carolina Court of Appeals Unpublished