Jenkins v. Few Although we granted a writ of certiorari to review the Court of Appeals’ decision in Jenkins v. Few, 391 S.C. 209, 705 S.E.2d 457 (Ct. App. 2010), we now dismiss the writ as improvidently granted.

Tagged with: Appeals Civil Practice Writ of Certiorari

Taylor v. Davis The defendant-debtor seeks to appeal (1) an order denying his motion to strike plaintiffs’ amended complaint and certificate of service and (2) an order denying his motion for rehearing and/or to reconsider.

Tagged with: Civil Practice

Carrington Mortgage Services, LLC v. Riley Defendant is an insolvent Chapter 7 debtor; therefore, he has no standing to challenge the proofs of claim filed by plaintiff, the holder of the debtor’s notes and mortgages. Moreover, a borrower may not attack the validity of assignments of his loan due to his status as a third party to the assignment.

Tagged with: Bankruptcy Civil Practice Insurance Real Property Standing

Michael v. Kiawah Island Real Estate, LLC Since the closing attorneys were also the plaintiff-buyers’ attorneys-in-fact, plaintiffs are charged with the attorneys’ knowledge that the sellers had paid a much lower price for the property just a week before plaintiffs bought it in October 2005. Plaintiffs’ action, filed in October 2011, is barred by the three-year statute of limitations.

Tagged with: Attorneys Civil Practice Real Property Statute of Limitations

State ex rel. Ariail v. $88,148.45 In this civil forfeiture action, defendant Magruder was served by publication, and a default judgment was entered against her. Even though an assistant solicitor in the civil division apparently did not inquire of her fellow assistant solicitor -- who was handling the criminal cases against Magruder -- as to Magruder’s whereabouts, Magruder has failed to establish that the civil division assistant solicitor made false or fraudulent statements when she said in an affidavit that she had “exhausted all known avenues to locate” Magruder.

Tagged with: Civil Practice Default Judgment Forfeiture Service of Process

Sonoco Products Co. v. Guven Even though the Turkish defendant accepted a job in South Carolina and listed an S.C. address on an application to renew his re-entry permit, since defendant was not domiciled in South Carolina when this lawsuit was filed, there is diversity of citizenship between the parties.

Tagged with: ' Removal Civil Practice Diversity Federal Jurisdiction Labor & Employment

Melton v. Carolina Power & Light Co. Where defendant made it clear in its discovery responses and email to plaintiff’s counsel that, in response to plaintiff’s request for production of all easements pursuant to which defendant had placed fiber optic cable, defendant was producing samples of all types of such easements, and where plaintiff never filed a motion to compel production, plaintiff is not entitled to sanctions.

Tagged with: Civil Practice Discovery Easements

Companion Property & Casualty Insurance Co. v. GTE Federal Credit Union Even though the plaintiff-insurer fulfilled its contract obligations from South Carolina, and even though the defendant-insured is a sophisticated party who negotiated the parties’ multimillion dollar policy, this court lacks personal jurisdiction over the Florida insured.

Tagged with: Civil Practice Personal Jurisdiction

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

Tagged with: Civil Practice Contract invasion of privacy Settlement Agreement Statute of Limitations Tort/Negligence

Brockman v. American Suzuki Motor Corp. Insofar as the S.C. Regulation of Manufacturers, Distributors and Dealers Act applies to “any person”, plaintiffs are not required to show that they were defendant’s franchisee in order to have standing to sue under the Act.

Tagged with: Civil Practice Contract Standing