"Under Rule 56(c), the party seeking summary judgment has the initial burden of demonstrating the absence of a genuine issue of material fact." (See Robinson v. Aiken (In re Robinson), No. 2023-UP-012, at *6 (S.C. Ct. App. Jan. 11, 2023); Lanham v. Blue Cross & Blue Shield of S.C., Inc. (2002) 349 S.C. 356, 361, 563 S.E.2d 331, 333.)
"Once the party moving for summary judgment meets the initial burden of showing an absence of evidentiary support for the opponent's case, the opponent cannot simply rest on mere allegations or denials contained in the pleadings." (Robinson v. Aiken (In re Robinson), No. 2023-UP-012, at *6 (S.C. Ct. App. Jan. 11, 2023); Regions Bank v. Schmauch (2003) 354 S.C. 648, 660, 582 S.E.2d 432, 438.)
"[T]he nonmoving party must come forward with specific facts showing there is a genuine issue for trial." (See id.)
"Rule 56(e) specifically prohibits the nonmoving party from resting upon the mere allegations or denials of its pleadings." (See Robinson v. Aiken (In re Robinson), No. 2023-UP-012, at *6 (S.C. Ct. App. Jan. 11, 2023); Baughman v. Am. Tel. & Tel. Co. (1991) 306 S.C. 101, 115, 410 S.E.2d 537, 545; Rule 56(e), SCRCP.)
“However, [s]ummary judgment should not be granted even when there is no dispute as to evidentiary facts if there is dispute as to the conclusion to be drawn from those facts." (See id; Brockbank v. Best Cap. Corp. (2000) 341 S.C. 372, 378-79, 534 S.E.2d 688, 692.)
Rule 56 of the South Carolina Rules of Civil Procedure governs summary judgment.
“A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.” (See S.C. R. Civ. P. 56(a).)
“For Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.” (See S.C. R. Civ. P. 56(b).)
“The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party may serve opposing affidavits not later than two days before the hearing. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.” (See S.C. R. Civ. P. 56(c).)
“If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It may thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.” (See S.C. R. Civ. P. 56 (d).)
“Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.” (See S.C. R. Civ. P. 56(e).)
“Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such order as is just.” (See S.C. R. Civ. P. 56(f).)
“Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.” (See S.C. R. Civ. P. 56(g).)
“When the circuit court grants summary judgment on a question of law, we review the ruling de novo.” (See Stoneledge at Lake Keowee Owners' Ass'n, Inc. v. Builders FirstSource-Se. Grp. (2015) 776 S.E.2d 434, 437; Town of Summerville v. City of N. Charleston (2008) 378 S.C. 107, 110, 662 S.E.2d 40, 41.)
"In reviewing a grant of summary judgment, our appellate court applies the same standard as the trial court under Rule 56(c), SCRCP." (See Robinson v. Aiken (In re Robinson), No. 2023-UP-012, at *4 (S.C. Ct. App. Jan. 11, 2023); Woodson v. DLI Properties, LLC (2014) 406 S.C. 517, 528, 753 S.E.2d 428, 434.)
“A trial court may properly grant a motion for summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (See id.)
"In determining whether any triable issues of fact exist, the court must view the evidence and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party." (See Robinson v. Aiken (In re Robinson), No. 2023-UP-012, at *4 (S.C. Ct. App. Jan. 11, 2023); Brockbank v. Best Cap. Corp. (2000) 341 S.C. 372, 378-79, 534 S.E.2d 688, 692.)
It is well settled that “in determining whether any triable issue of fact exists, the evidence and all inferences which can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party.” (See Stoneledge at Lake Keowee Owners' Ass'n, Inc. v. Builders FirstSource-Se. Grp. (2015) 776 S.E.2d 434, 437; Quail Hill, LLC v. Cnty. of Richland (2010) 387 S.C. 223, 235, 692 S.E.2d 499, 505.)
“However, it is also well settled that is not sufficient for a party to create an inference that is not reasonable or an issue of fact that is not genuine.” (See id; Town of Hollywood v. Floyd (2013) 403 S.C. 466, 477, 744 S.E.2d 161, 166.)
9 pages
ELECTRONICALLY FILED - 2023 Oct 09 3:41 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2305221 STATE OF SOUTH CAROLINA ) ) IN THE COURT OF COMMON PLEAS COUNTY OF GREENVILLE ) U.S. Bank National Association, not in its ) Case No. 2023-CP-23- individual capacity but solely …
Greenville County, SC
Oct 09, 2023
Real Prop/Other 499
Clerk Of Court C P, G S, And Family Court
1 page
CAROLINA 2022CV1810302721 STATE OF SOUTH CIVIL CASE NUMBER COUNTY OF DORCHESTER IN THE MAGISTRATE’S COURT TRANSCRIPT OF JUDGMENT FIND FOR PLAINTIFF Names of Parties Against Whom Judgment is Granted Michael Anthony…
Dorchester County, SC
Oct 07, 2023
Magistrate Judg 720
Clerk Of Court C P, G S, And Family Court
4 pages
Bhs ~~ wreenville County ry …
Greenville County, SC
Oct 06, 2023
Magistrate Civil 910
Clerk Of Court C P, G S, And Family Court
8 pages
Bhs ~~ wreenville County ry …
Greenville County, SC
Oct 06, 2023
Magistrate Civil 910
Clerk Of Court C P, G S, And Family Court
1 page
STATE OF SOUTH CAROLINA 2023CV2311003128 CIVIL CASE NUMBER COUNTY OF GREENVILLE IN THE MAGISTRATE’S COURT Pn …
Greenville County, SC
Oct 02, 2023
Magistrate Judg 720
8 pages
ELECTRONICALLY FILED - 2023 Sep 27 1:30 PM - BEAUFORT - COMMON PLEAS - CASE#2023CP0701841 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF BEAUFORT ) CASE NO.: 2023-CP-07-_____ ) MFM PROPERTIES, LLC AND, MFM …
Beaufort County, SC
Sep 27, 2023
Debt Collection 110
35 pages
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS CASE # 2023-CP-26-5837 FROM THE SUMMARY COURT COUNTY OF HORRY CIVIL CASE #: 2023CV26107 0319 eS I~ wo …
Sep 20, 2023
Appeal
Horry County, SC
Sep 27, 2023
Magistrate Civil 910
Clerk Of Court C P, G S, And Family Court
33 pages
a ‘ STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS CASE # 2023-CP-26-5837 FROM THE SUMMARY COURT COUNTY OF HORRY CIVIL CASE #: 2023CV261070319 SHAREEM TAYLOR BO->5 65 DEMOTT STREET va …
Sep 20, 2023
Appeal
Horry County, SC
Sep 27, 2023
Magistrate Civil 910
Clerk Of Court C P, G S, And Family Court
21 pages
ELECTRONICALLY FILED - 2023 Sep 25 4:07 PM - JASPER - COMMON PLEAS - CASE#2023CP2700005 STATE OF SOUTH CAROLINA IN THE CIRCUIT COURT COUNTY OF JASPER Bullard & Son, Inc., d/b/a Lowcountry Medical Case No. 2023-CP-27-00005 Linens, Plaintiff, …
Jasper County, SC
Sep 25, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
32 pages
EXHIBITS Exhibit A: The South Carolina Code of Laws Title 33 — Corporations, Partnerships and Associations Chapter 31 (South Carolina Nonprofit Corporation Act) Article 1, Sections 33-31- 704 (a) Exhibit B: CPCSA Bylaws on Action Without a Formal Meeting: (Article III, Section B, Section 15 Exhibit C: Email Votes from June 26, 2023, to September 25, 2023 Exhibit D: Excerpt from minutes of the June 26, 2023, Board of Directors Meeting Exhibit E: Email from Ms. Byrd outlining Bylaws on Vo…
Berkeley County, SC
Sep 22, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
2 pages
COMMON PLEAS CASE NUMBER STATE OF SOUTH CAROLINA 2018CV2311004590 COUNTY OF GREENVILLE MAGISTRATE CIVIL CASE NUMBER Angelee Medve, APPELLANT(S) IN THE COURT OF COMMON PLEAS VS. NOTICE OF CIVIL APPEAL Michael’s Wholesale Flooring, …
Greenville County, SC
Sep 18, 2023
Magistrate Civil 910
4 pages
ELECTRONICALLY FILED - 2023 Aug 28 12:36 PM - CALHOUN - COMMON PLEAS - CASE#2023CP0900001 STATE OF SOUTH CAROLINA ) IN THE CIRCUIT COURT FOR THE ) COUNTY OF CALHOUN ) FIRST JUDICIAL CIRCUIT …
Calhoun County, SC
Aug 28, 2023
Special-Comp/Oth 699
Clerk Of Court C P, G S, And Family Court
3 pages
ELECTRONICALLY FILED - 2023 Aug 28 10:11 AM - CALHOUN - COMMON PLEAS - CASE#2023CP0900001 STATE OF SOUTH CAROLINA ) IN THE CIRCUIT COURT FOR THE ) COUNTY OF CALHOUN ) FIRST JUDICIAL CIRCUIT ) FORREST CRIDER, …
Calhoun County, SC
Aug 28, 2023
Special-Comp/Oth 699
Clerk Of Court C P, G S, And Family Court
1 page
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS SIXTH JUDICIAL CIRCUIT 8 COUNTY OF CHESTER om tops LVNV FUNDING, LLC ) …
Jan 10, 2023
Dismissed
Chester County, SC
Aug 17, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
1 page
ELECTRONICALLY FILED - 2023 Jul 26 1:24 PM - CHESTER - COMMON PLEAS - CASE#2023CP1200014 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF CHESTER ) SIXTH JUDICIAL CIRCUIT ) LVNV FUNDING, LLC ) C/A NO.: 2023CP1200014 …
Jan 10, 2023
Dismissed
Chester County, SC
Jul 26, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
3 pages
FORM 4 ELECTRONICALLY FILED - 2023 Jul 18 11:57 AM - MCCORMICK - COMMON PLEAS - CASE#2023CP3500013 STATE OF SOUTH CAROLINA JUDGMENT IN A CIVIL CASE COUNTY OF MCCORMICK IN THE COURT OF COMMON PLEAS CASE NO. 2023-CP-35-0…
Mccormick County, SC
Jul 18, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
5 pages
ELECTRONICALLY FILED - 2023 Jun 06 2:27 PM - KERSHAW - COMMON PLEAS - CASE#2023CP2800019 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF KERSHAW ) CIVIL ACTION NO.: 2023-CP-28-00019 ) SHIRLEY M. SMITH, ) ) Plaintiff, …
Kershaw County, SC
Jun 06, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
1 page
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF CHESTER C/A No: 2023-CP-12-00016 Proactive Chiropractic and Rehab Center, Plaintiff, MOTION FOR SUMMARY JUDGMENT vs. Sherell Liggins, Defendants, 8009-22-0003 YOU WILL PLEASE TAKE NOTICE that the Plaintiff, Proactive Chiropractic and Rehab…
Chester County, SC
Jun 06, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
2 pages
ELECTRONICALLY FILED - 2023 Jun 06 2:51 PM - KERSHAW - COMMON PLEAS - CASE#2023CP2800019 Certificate of Electronic Notification Recipients Matthew Williamson - Notification transmitted on 06-06-2023 02:26:30 PM. Thomas Barrow - Notification transmitted on 06-06-2023 02:26:31 PM. Joseph Thompson - Notification transmitted on 06-06-2023 02:26:30 PM. …
Kershaw County, SC
Jun 06, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
2 pages
ELECTRONICALLY FILED - 2023 Jun 06 2:19 PM - CHESTER - COMMON PLEAS - CASE#2023CP1200016 Certificate of Electronic Notification Recipients Baxter Crawford - Notification transmitted on 06-06-2023 01:32:18 PM. ELECTRONICALLY FILED - 2023 Jun 06 2:19 PM - CHESTER - COMMON PLEAS - CASE#2023CP1200016 *****…
Chester County, SC
Jun 06, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
2 pages
ELECTRONICALLY FILED - 2023 Jun 06 2:24 PM - KERSHAW - COMMON PLEAS - CASE#2023CP2800019 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF KERSHAW ) CIVIL ACTION NO.: 2023-CP-28-00019 ) SHIRLEY M. SMITH, …
Kershaw County, SC
Jun 06, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
5 pages
ELECTRONICALLY FILED - 2023 May 23 4:27 PM - OCONEE - COMMON PLEAS - CASE#2023CP3700024 IN THE STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF OCONEE ) FOR THE 10TH JUDICIAL CIRCUIT CASE NO: 2023-CP-37-00024 Loren Crawford, …
Jan 11, 2023
Pending/ADR Sanctions
Oconee County, SC
May 23, 2023
Motor Veh Accid 320
Clerk Of Court C P, G S, And Family Court
5 pages
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHESTER FOR THE SIXTH JUDICIAL CIRCUIT Jerrell T, Brockman, #312862, CASE NO. 2023-CP-12-00019 Applicant, S sS …
Chester County, SC
May 04, 2023
Post Convict Rel 500
Clerk Of Court C P, G S, And Family Court
5 pages
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF CHESTER ) FOR THE SIXTH JUDICIAL CIRCUIT Jerrell T. Brockman, #312862, CASE NO. 2023-CP-12-00019 Applicant, Vv. RETURN AND MOTION TO DISMISS (Appoi…
Chester County, SC
Apr 11, 2023
Post Convict Rel 500
Clerk Of Court C P, G S, And Family Court
4 pages
ELECTRONICALLY FILED - 2023 Apr 10 9:01 AM - ABBEVILLE - COMMON PLEAS - CASE#2023CP0100025 STATE OF SOUTH CAROLINA ) IN THE CIRCUIT COURT COUNTY OF ABBEVILLE ) EIGHTH JUDICIAL CIRCUIT Portfolio Recovery ) Associates, LLC ) Docket No.: 2023CP0100025 Plaintiff, …
Abbeville County, SC
Apr 10, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
2 pages
ELECTRONICALLY FILED - 2023 Apr 10 9:05 AM - ABBEVILLE - COMMON PLEAS - CASE#2023CP0100025 Certificate of Electronic Notification Recipients Michael Travis - Notification transmitted on 04-10-2023 09:02:57 AM. Sharonda James - Notification transmitted on 04-10-2023 09:02:48 AM. ELECTRONICALLY FILED - 2023…
Abbeville County, SC
Apr 10, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
3 pages
ELECTRONICALLY FILED - 2023 Mar 15 3:15 PM - CALHOUN - COMMON PLEAS - CASE#2023CP0900001 STATE OF SOUTH CAROLINA ) IN THE CIRCUIT COURT FOR THE ) COUNTY OF CALHOUN ) FIRST JUDICIAL CIRCUIT …
Calhoun County, SC
Mar 15, 2023
Special-Comp/Oth 699
Clerk Of Court C P, G S, And Family Court
1 page
ELECTRONICALLY FILED - 2023 Mar 07 12:38 PM - CLARENDON - COMMON PLEAS - CASE#2023CP1400034 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF CLARENDON ) CASE NO.: 2023-CP-14-00034 ) Utility Construction Concepts, LLC, ) ) Pla…
Clarendon County, SC
Mar 07, 2023
Person Inj/Other 399
Clerk Of Court C P, G S, And Family Court
1 page
ELECTRONICALLY FILED - 2023 Mar 07 9:29 AM - ABBEVILLE - COMMON PLEAS - CASE#2023CP0100025 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF ABBEVILLE ) EIGHTH JUDICIAL CIRCUIT ) PORTFOLIO RECOVERY ) C/A NO.: 2023CP0100025 ASSOCIATES, LLC …
Abbeville County, SC
Mar 07, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
2 pages
ELECTRONICALLY FILED - 2023 Mar 07 10:14 AM - ABBEVILLE - COMMON PLEAS - CASE#2023CP0100025 Certificate of Electronic Notification Recipients Sharonda James - Notification transmitted on 03-07-2023 09:30:20 AM. ELECTRONICALLY FILED - 2023 Mar 07 10:14 AM - ABBEVILLE - COMMON PLEAS - CASE#2023CP0100025 …
Abbeville County, SC
Mar 07, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
4 pages
ELECTRONICALLY FILED - 2023 Mar 07 9:29 AM - ABBEVILLE - COMMON PLEAS - CASE#2023CP0100025 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) EIGHTH JUDICIAL CIRCUIT COUNTY OF ABBEVILLE ) ) Portfolio Recovery …
Abbeville County, SC
Mar 07, 2023
Debt Collection 110
Clerk Of Court C P, G S, And Family Court
1 page
ELECTRONICALLY FILED - 2023 Feb 28 2:18 PM - GEORGETOWN - COMMON PLEAS - CASE#2023CP2200017 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF GEORGETOWN ) CIVIL ACTION NO. 2023-CP-22-00017 The Conway National Bank, ) ) …
Georgetown County, SC
Feb 28, 2023
Foreclosure 420
Clerk Of Court C P, G S, And Family Court
1 page
ELECTRONICALLY FILED - 2023 Feb 22 10:03 AM - CALHOUN - COMMON PLEAS - CASE#2023CP0900024 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FIRST JUDICIAL CIRCUIT COUNTY OF CALHOUN ) ) CIVIL ACTION NO. 2023-CP-09-00024 CAROLE M. ALLEN, ) …
Calhoun County, SC
Feb 22, 2023
Personal Injury 350
Clerk Of Court C P, G S, And Family Court
1 page
4093CPO1| OOOO8 STATE OF SOUTH CAROLINA 20222351033249 COUNTY OF ABBEVILLE UTT/WARRANT NUMBER STATE OF SOUTH CAROLINA IN THE SUMMARY COURT VS. Esdraelon Monteico Woody CIVIL JUDGMENT DEFENDANT) …
Abbeville County, SC
Jan 13, 2023
Judgment/GS Judgment
Clerk Of Court C P, G S, And Family Court
1 page
20393CPO| OO COG STATE OF SOUTH CAROLINA 25099GP COUNTY OF ABBEVILLE UTT/WARRANT NUMBER STATE OF SOUTH CAROLINA IN THE SUMMARY COURT VS Damien Jermaine Steel Anderson CIVIL JUDGMENT DE…
Abbeville County, SC
Jan 13, 2023
Judgment/GS Judgment
Clerk Of Court C P, G S, And Family Court
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