On October 06, 2023 a
Appellate Materials
was filed
involving a dispute between
and
Emerald Creek Apt,
Rose Edwards Assoc Llc,
for Appeal
in the District Court of Greenville County.
Preview
STATE OF SOUTH CAROLINA
\ THE COURT OF COMMON PLEAS
COUNTY OF GREENVILE
lonug Ellington CIVIL ACTION coversuerg
ni
Appellant(s) § a
-CP - 23- x
vs.
Rose Edwards AssoctTnuc,
Emerat A Creeit hea ) 2023-CP-23- ody
Respondent(s)
Submitted By: Tony@ Elin etn (A ppellant. SC Bar #: w/A
Address: -O. Box 1623 Telephone #: wth
eer, St 29652. Fax #: NA
Other: N/A
E-mail: N/h
NOTE: The covershect and information contained herein ncither replaces nor supplements the filing and service pleadings or other papers as
required by law. This form is required for the use of the Clerk of Court for the purpose of docketing. It must be offilled out completely, signed,
and dated. A copy of this covershect must be served on the defendant(s) along with the Summons and Complaint.
DOCKETING INFORMATION (Check all that upply)
*If Action is Judgment/Settlement do not complete
() JURY TRIAL demanded in complaint. (1 NON-JURY TRIAL demanded in complaint.
( This case is subject to ARBITRATION pursuant to the Court Annexed Alternative Dispute Resolution Rules.
(1 This case is subject to MEDIATION pursuant to the Court Annexed Alternative Dispute Resolution Rules.
C1 This case is exempt from ADR. (Proofof ADR‘Exemption Attached)
NATURE OF ACTION (Check One Box Below,
Contracts Torts - Professional Malpractice Torts — Personal Injury Real Property
Constructions ( 100} 01 Dental Malpractice (200) Conversion (310) Claim & Delivery (400)
Debt Collection (110) a Leval Malpractice (210) Motor Vehicle Accident (320) Condemnation (410)
General (130) a Medical Malpractic 2h) Premises Liability (330) Foreclosure (420)
Breach of Contract (140) Previous Notice of Intent Case & Products Liahitity (340) Mechanic's Lien (430)
Fraud’Bad Faith (150) 20 ~b Personal fnjury (350) Partition (440)
Failure to Deliver’ Notice’ Fite Med Mal (230) Wrongful Death (360) Possession (450)
Warranty (160)
D1 crher (299) Assuull Baticry (370) Building Code Violation (440)
Employment Diserim (170) Slander Libel (380) Other (499)
Employment (180) Other (399)
Other (199)
Inmate Petitions Administrative Law/Relie Judgments/Settlements Appeals
PCR (500) Qo Reinstate Dry. License (800) Death Settlement (706) Arbitration (900)
Mandamus (520) o Judicial Review (8 10} Foret: Judgment (710) Magistrate-Civil
(910)
Habeas Corpus (530) Go Relief (820) Mag rates Judgment (720) Magistrate-Criminal (920)
Other (599) a Permanent Injunction (830) Minor Settlement (730+ Municipal (930)
gq Forteiture-Petition (840) Transcript Judgment (740) Probate Court (940)
a Forteiture—Consent Order (850) Lis Pendens (739) SCDOT (950)
0 Other (899) Transfer of Structured Worker's Comp (960}
Seitlement Paytnent Rights Zoning Board (970}
Application (760) Public Service Comm. (990)
Special/Complex /Other o Confession of Judgment (770) Employment Security Comm (991
Environmental (600) Qa Phammaccuticals (630) 01 Petition for Workers
Automobile Arb. (610) a Unfair Trade Practices (640) Compensation Settlement Other (999)
Approval (780)
Medical (620) a Out-of State Depositions (650) -
DO Other (799)
Other (699) a Motion to Quash Subpoena in
an Out-of-County Action (660)
Sexual Predator (510) o Pre-Suit Discovery (670)
Permanent Restraining Order (680)
Submitting Party sina, )ALUO
, 7 T
pare |e fs
Note: Frivolous civil proceedings may be subject to sanctions pursuant to SCRCP, Rule 11, and the South Carolina Frivolous
STATE OF SOUTH CAROLINA, aha
Boo
IN THE COURT OF COMMON PLEAS ea
COUNTY OF GREENVILLE ao
an
=n
82
CASE NO.: Sey
Tonga. Ellinaton re
2023-CP-23- OS) of
Plaintift(s),
ZOlACV 2311002543
VS.
Em cre
Lose ¢duwyls Meso Ud?
)
Defendant(s). )
Seo [ke ch at
NOTICE OF CIVIL APPEAL FQ
38
aa
an
ou
Sx.
Qi
MAGISTRATED CIVIL CASE NUMBER
2023€V2311002593
The appellant's exceptions to the judgement of the Magistrate are set forth as follows:
. (A) Eleven pages of appeal summary, followed by supported Exhibits 1 through 10
(8) Initial Breakdown for lawsuit in the amount of $7500.00, followed by green move in
sheet at Emerald Creek, Previous rent from Tuscan Heights prior to moving to Emerald
Creek and followed by copy of moving fee of $421.25. Lease was not broken.
(C) Page 1 of Defendants/Respondent Answer & Affirmative Defenses opening defense,
Appellant improperly identified in the Complaint as Rose Edwards Assoc. LLC and Emerald
Creek Apartments. Exhibit 1 Greenville County Real Property Details listed as written in
Appellant Complaint. No findings listed as Edward Rose & Sons
(D) Emerald Creeks Apartments Rules & Regulations and Addendum to Lease- Mold Policy
Breached their own fease contract
(E) Emerald Creek Emails of Notice of Preventative Maintenance 3.4.22 “The A/C filter on
the balcony was only checked. After living without a filter inside the apartment from my
move in until | inquired of the change of filters in Juty 2021, it was discovered no filters
were installed before leasing the unit. Excessive dust/particles
(F} Emerald Creek Emails of long overdue services not conducted since | moved in.
+ Pest Control 5.15.23 (Came into apartment once to remove Wasp nest from balcony}
- Fire Prevention 6.27.23 (Fire extinguisher was just serviced this year 2023)
-Pressure Wash 6.26.23 (Utilized same groundkeeper person/never hire the Professionals)
-Building Sprinkler Inspection 8.7.23 (After reporting to all divisions noted they started to
hire/request for the proper updating for the community.
-Emerald Creek newsletter (Bogus statement referring to caring about the safety of their
residents. Again, this is all after | reported and Mr. Garrison the Building inspector visited.)
jolob{ 2
Douyd Elba)
P. 0. Box le23
Greek, Se 290052
a
2023-CP-23- 05/4
STATE OF SOUTH CAROLINA )
) IN THE COURT OF COMMON PLEAS
COUNTY OF GREENVILLE ) De
Po
MEMORANDUM 3
an
Fm
IN RE: Magistrate Appeals in CIVIL CASES
=
Case Number: - CP-23- wo
Upon filing a notice of appeal with the Clerk of Court from Magistrate Court, this form must be completed by
the Attomey for Appellant or by the Appellant as a self-represented litigant and returned promptly to the Clerk of
Court at the address listed below.
1 ‘You must have appealed within 30 days after either you or your attomey received written notice of judgment,
or after judgment was announced at trial in your presence. What is the date you received notice of judgment?
Date Notice of Judgment Received:
A clocked copy of the notice of appeal, stating the grounds upon which the appeal is founded, must have been |
served within 30 days upon the Judge who tried the case. What is the date you served notice upon the Judge?
Also, give the name of the Judge.
Date Served:
Name of Judge:
Method of Service:
[ 3. A copy of the notice of appeal, stating the grounds upon which the appeal if founded, must have been served
within 30 days upon all parties. Give the names of all other parties and the dates served:
Name of Person Served: Date Served:
Additional Names of Persons Served:
Date Served:
Date Served
Date Served:
4. Give your address and contact information to be used for notification by the Court.
1 Ellington
T.0- Box \e23
Gree, Sc 25052
Strict compliance with §18-7-10 through 30, S.C. Code Ann., and Rule 74 SCRCP, is required to give the
Court of Common Pleas jurisdiction to hear your appeal. ‘This form must be completed and promptly
returned to: Brice Garrett, Clerk of Court, 305 E. North Street, Greenville, SC_29601.
Toh
Form given to E(w COURT VERIFICATION
Clerk's staf? initials: oe
vue /2fae{2-3
I verify that [have received a copy ofthe form to be completed by the appellant in this appeal and will retum the completed form to the court al the above listed
address:
AL
Preview
STATE OF SOUTH CAROLINA \ THE COURT OF COMMON PLEAS COUNTY OF GREENVILE lonug Ellington CIVIL ACTION coversuerg ni Appellant(s) § a -CP - 23- x vs. Rose Edwards AssoctTnuc, Emerat A Creeit hea ) 2023-CP-23- ody Respondent(s) Submitted By: Tony@ Elin etn (A ppellant. SC Bar #: w/A Address: -O. Box 1623 Telephone #: wth eer, St 29652. Fax #: NA Other: N/A E-mail: N/h NOTE: The covershect and information contained herein ncither replaces nor supplements the filing and service pleadings or other papers as required by law. This form is required for the use of the Clerk of Court for the purpose of docketing. It must be offilled out completely, signed, and dated. A copy of this covershect must be served on the defendant(s) along with the Summons and Complaint. DOCKETING INFORMATION (Check all that upply) *If Action is Judgment/Settlement do not complete () JURY TRIAL demanded in complaint. (1 NON-JURY TRIAL demanded in complaint. ( This case is subject to ARBITRATION pursuant to the Court Annexed Alternative Dispute Resolution Rules. (1 This case is subject to MEDIATION pursuant to the Court Annexed Alternative Dispute Resolution Rules. C1 This case is exempt from ADR. (Proofof ADR‘Exemption Attached) NATURE OF ACTION (Check One Box Below, Contracts Torts - Professional Malpractice Torts — Personal Injury Real Property Constructions ( 100} 01 Dental Malpractice (200) Conversion (310) Claim & Delivery (400) Debt Collection (110) a Leval Malpractice (210) Motor Vehicle Accident (320) Condemnation (410) General (130) a Medical Malpractic 2h) Premises Liability (330) Foreclosure (420) Breach of Contract (140) Previous Notice of Intent Case & Products Liahitity (340) Mechanic's Lien (430) Fraud’Bad Faith (150) 20 ~b Personal fnjury (350) Partition (440) Failure to Deliver’ Notice’ Fite Med Mal (230) Wrongful Death (360) Possession (450) Warranty (160) D1 crher (299) Assuull Baticry (370) Building Code Violation (440) Employment Diserim (170) Slander Libel (380) Other (499) Employment (180) Other (399) Other (199) Inmate Petitions Administrative Law/Relie Judgments/Settlements Appeals PCR (500) Qo Reinstate Dry. License (800) Death Settlement (706) Arbitration (900) Mandamus (520) o Judicial Review (8 10} Foret: Judgment (710) Magistrate-Civil (910) Habeas Corpus (530) Go Relief (820) Mag rates Judgment (720) Magistrate-Criminal (920) Other (599) a Permanent Injunction (830) Minor Settlement (730+ Municipal (930) gq Forteiture-Petition (840) Transcript Judgment (740) Probate Court (940) a Forteiture—Consent Order (850) Lis Pendens (739) SCDOT (950) 0 Other (899) Transfer of Structured Worker's Comp (960} Seitlement Paytnent Rights Zoning Board (970} Application (760) Public Service Comm. (990) Special/Complex /Other o Confession of Judgment (770) Employment Security Comm (991 Environmental (600) Qa Phammaccuticals (630) 01 Petition for Workers Automobile Arb. (610) a Unfair Trade Practices (640) Compensation Settlement Other (999) Approval (780) Medical (620) a Out-of State Depositions (650) - DO Other (799) Other (699) a Motion to Quash Subpoena in an Out-of-County Action (660) Sexual Predator (510) o Pre-Suit Discovery (670) Permanent Restraining Order (680) Submitting Party sina, )ALUO , 7 T pare |e fs Note: Frivolous civil proceedings may be subject to sanctions pursuant to SCRCP, Rule 11, and the South Carolina Frivolous STATE OF SOUTH CAROLINA, aha Boo IN THE COURT OF COMMON PLEAS ea COUNTY OF GREENVILLE ao an =n 82 CASE NO.: Sey Tonga. Ellinaton re 2023-CP-23- OS) of Plaintift(s), ZOlACV 2311002543 VS. Em cre Lose ¢duwyls Meso Ud? ) Defendant(s). ) Seo [ke ch at NOTICE OF CIVIL APPEAL FQ 38 aa an ou Sx. Qi MAGISTRATED CIVIL CASE NUMBER 2023€V2311002593 The appellant's exceptions to the judgement of the Magistrate are set forth as follows: . (A) Eleven pages of appeal summary, followed by supported Exhibits 1 through 10 (8) Initial Breakdown for lawsuit in the amount of $7500.00, followed by green move in sheet at Emerald Creek, Previous rent from Tuscan Heights prior to moving to Emerald Creek and followed by copy of moving fee of $421.25. Lease was not broken. (C) Page 1 of Defendants/Respondent Answer & Affirmative Defenses opening defense, Appellant improperly identified in the Complaint as Rose Edwards Assoc. LLC and Emerald Creek Apartments. Exhibit 1 Greenville County Real Property Details listed as written in Appellant Complaint. No findings listed as Edward Rose & Sons (D) Emerald Creeks Apartments Rules & Regulations and Addendum to Lease- Mold Policy Breached their own fease contract (E) Emerald Creek Emails of Notice of Preventative Maintenance 3.4.22 “The A/C filter on the balcony was only checked. After living without a filter inside the apartment from my move in until | inquired of the change of filters in Juty 2021, it was discovered no filters were installed before leasing the unit. Excessive dust/particles (F} Emerald Creek Emails of long overdue services not conducted since | moved in. + Pest Control 5.15.23 (Came into apartment once to remove Wasp nest from balcony} - Fire Prevention 6.27.23 (Fire extinguisher was just serviced this year 2023) -Pressure Wash 6.26.23 (Utilized same groundkeeper person/never hire the Professionals) -Building Sprinkler Inspection 8.7.23 (After reporting to all divisions noted they started to hire/request for the proper updating for the community. -Emerald Creek newsletter (Bogus statement referring to caring about the safety of their residents. Again, this is all after | reported and Mr. Garrison the Building inspector visited.) jolob{ 2 Douyd Elba) P. 0. Box le23 Greek, Se 290052 a 2023-CP-23- 05/4 STATE OF SOUTH CAROLINA ) ) IN THE COURT OF COMMON PLEAS COUNTY OF GREENVILLE ) De Po MEMORANDUM 3 an Fm IN RE: Magistrate Appeals in CIVIL CASES = Case Number: - CP-23- wo Upon filing a notice of appeal with the Clerk of Court from Magistrate Court, this form must be completed by the Attomey for Appellant or by the Appellant as a self-represented litigant and returned promptly to the Clerk of Court at the address listed below. 1 ‘You must have appealed within 30 days after either you or your attomey received written notice of judgment, or after judgment was announced at trial in your presence. What is the date you received notice of judgment? Date Notice of Judgment Received: A clocked copy of the notice of appeal, stating the grounds upon which the appeal is founded, must have been | served within 30 days upon the Judge who tried the case. What is the date you served notice upon the Judge? Also, give the name of the Judge. Date Served: Name of Judge: Method of Service: [ 3. A copy of the notice of appeal, stating the grounds upon which the appeal if founded, must have been served within 30 days upon all parties. Give the names of all other parties and the dates served: Name of Person Served: Date Served: Additional Names of Persons Served: Date Served: Date Served Date Served: 4. Give your address and contact information to be used for notification by the Court. 1 Ellington T.0- Box \e23 Gree, Sc 25052 Strict compliance with §18-7-10 through 30, S.C. Code Ann., and Rule 74 SCRCP, is required to give the Court of Common Pleas jurisdiction to hear your appeal. ‘This form must be completed and promptly returned to: Brice Garrett, Clerk of Court, 305 E. North Street, Greenville, SC_29601. Toh Form given to E(w COURT VERIFICATION Clerk's staf? initials: oe vue /2fae{2-3 I verify that [have received a copy ofthe form to be completed by the appellant in this appeal and will retum the completed form to the court al the above listed address: AL