Bank of America, N.A. v. Vaughan
Decision Date | 05 July 2017 |
Docket Number | 2017-UP-278 |
Parties | Bank of America, N.A., Respondent, v. Theda B. Vaughan a/k/a Theda L. Vaughan; James R. Vaughan; LBB & HHV II, LLC; Hometrust Bank, N.A.; Quality Business Solutions, Inc.; Creative Builders, Incorporated; Matthew J. Bynum; Ann Bynum; Mayfield Dairy Farms, LLC; TD Bank, N.A., as successor by merger with Carolina First Bank; Butler Improvements, LLC; Discover Bank; Suiza Dairy Group, LLC; FIA Card Services, N.A., Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, National Association; L. Stewart Spinks; Dillanos Coffee Roasters, Inc. Branch Banking and Trust Company; Spaulding Farm Homeowners Association, Inc., TCP Leasing, Inc., First South Bank; Brookfield South Associates, LLC; Green Tree Servicing, LLC formerly known as Green Tree Financial Servicing Corporation, a Limited Liability Company under the laws of the State of Delaware; Bank of Travelers Rest; Comprehensive Legal Solutions, Inc.; The South Carolina Department of Revenue, Defendants, Of which LBB & HHVII, LLC is the Appellant. Appellate Case No. 2015-002537 |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Submitted June 1, 2017
Appeal From Greenville County James R. Barber, III, Circuit Court Judge
Donald Ryan McCabe, Jr., Jesse Ryan Oates, and John Walter Whitmire all of McCabe, Trotter & Beverly, P.C, of Columbia, for Appellant.
Robert A. Muckenfuss and Trent M. Grissom, both of McGuireWoods LLP of Charlotte, North Carolina; and Robert Paul Davis, of Rogers Townsend & Thomas, PC, of Columbia, all for Respondent.
LBB & HHV II, LLC (LBB) appeals the circuit court's order dismissing its claims for betterments and trespass. LBB argues the circuit court erred in dismissing its claim for (1) betterments because South Carolina law gives a party the right to immediately assert a betterments claim in an answer and (2) trespass because Bank of America entered the property without authorization. We affirm[1] pursuant to Rule 220(b) SCACR, and the following authorities:
1. As to issue one, we find the circuit court did not err in dismissing LBB's claim for betterments. See Bergstrom v. Palmetto Health All, 358 S.C. 388, 395, 596 S.E.2d 42, 45 (2004) () ; id. (); S.C. Code Ann. § 27-27-10 (Supp. 2016) ("After final judgment in favor of the plaintiff in an action to recover lands and tenements, if the defendant has purchased or acquired the lands and tenements recovered in such action . . . supposing at the time of such purchase or acquisition such title to be good in fee . . . such defendant shall be entitled to recover of the plaintiff in such action the full value of all improvements made upon such land by such defendant or those under whom he claims . . . ."); S.C. Code Ann. § 27-27-70 (2007) (); Strother v. Lexington Cty Recreation Comm'n, 332 S.C. 54, 62, 504 S.E.2d 117, 121-22 (1998) (); Howard v. Kirton, 144 S.C. 89, 94, 142 S.E. 39, 41 (1928) (); Lessly v. Bowie, 27 S.C. 193, 197, 3 S.E. 199, 200 (1887) (); Frederick v. Chapman, 144 S.C. 137, 144, 142 S.E. 247, 249 (1928) ( ); Citizens & S. Nat. Bank, Atlanta, Ga. v. Homes Constr. Co., 248 S.C. 130, 134, 149 S.E.2d 326, 328 (1966) ( ).
2. As to issue two, we find the circuit court properly dismissed LBB's claim for trespass. See Bergstrom, 358 S.C. at 395, 596 S.E.2d at 45 (...
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