Bardoon Properties, NV v. Eidolon Corp., No. 24616

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtWALLER; FINNEY
Citation485 S.E.2d 371,326 S.C. 166
PartiesBARDOON PROPERTIES, NV, Respondent, v. EIDOLON CORPORATION and Ed Robinson, Appellants. . Heard
Docket NumberNo. 24616
Decision Date19 March 1997

Page 371

485 S.E.2d 371
326 S.C. 166
BARDOON PROPERTIES, NV, Respondent,
v.
EIDOLON CORPORATION and Ed Robinson, Appellants.
No. 24616.
Supreme Court of South Carolina.
Heard March 19, 1997.
Decided May 12, 1997.

Page 372

[326 S.C. 167] Paul V. Degenhart, Columbia, for appellants.

Theodore Von Keller of Berry, Adams, Quackenbush & Dunbar, Columbia, for respondent.

WALLER, Justice:

We granted certiorari to review Bardoon Properties, NV v. Eidolon Corp., Op. No. 96-UP-057 (S.C.Ct.App. filed Feb. 26, 1996). We affirm in result.

[326 S.C. 168] FACTS

In January, 1992, Bardoon Properties leased office space to Respondents Eidolon Corp. and Ed Robinson (Eidolon). 1 The lease was for a 28 month period (through April 1994) at a rental rate of $6789.33 per month. In June, 1992, Provident Life Insurance Company (Provident) purchased the property through foreclosure, becoming the successor in interest to Bardoon. Eidolon vacated the premises in March, 1993. In August, 1993, Bardoon brought this suit against Eidolon for breach of the lease. Eidolon failed to timely answer and an order of default was filed October 19, 1993.

Eidolon's motion to set aside the default judgment was denied. After a damages hearing, Bardoon was awarded $71,028.62. Thereafter, Eidolon filed a motion to reconsider in which it raised, for the first time, the fact that Bardoon was not the real party in interest and that Provident was the actual owner of the property at the times in question. 2 The motion to reconsider was denied. On appeal, the Court of Appeals held Eidolon had waived any challenge to Bardoon's status as real party in interest by failing to object prior to entry of default. Eidolon sought rehearing, claiming the issue was one of subject matter jurisdiction such that it could be raised at any time. Rehearing was denied. We granted certiorari.

ISSUE

The sole issue we need address is whether or not a party's status as a "real party in interest" involves subject matter jurisdiction, such that it may be raised at any time?

DISCUSSION

It is well-settled that issues relating to subject matter jurisdiction maybe raised at any time. See Johnson v. [326 S.C. 169] State, 319 S.C. 62, 459 S.E.2d 840 (1995); GNOC Corp. v. Estate of Rhyne, 312 S.C. 86, 439 S.E.2d 274 (1994); State v. Gorie, 256 S.C. 539, 183 S.E.2d 334 (1971). Subject matter jurisdiction refers to the court's power to hear and determine cases of the general class to which the proceedings in question belong.

Page 373

Dove v. Gold Kist, 314 S.C. 235, 442 S.E.2d 598 (1994); Watson v. Watson, 319 S.C. 92, 460 S.E.2d 394 (1995).

We have previously indicated that a party's lack of standing as a real party in interest deprives a court of subject matter jurisdiction. Richland County Recreation District v. City of Columbia 290 S.C. 93, 348 S.E.2d 363 (1986); Anders v. S.C. Parole and Comm. Corrections Board, 279 S.C. 206, 305 S.E.2d 229 (1983). 3 However, the wealth of authority is to the effect that the issue of a party's status as real party in interest does not involve subject matter jurisdiction.

The purpose of a real party in interest provision is to assure that a defendant is required only to defend an action brought by a proper party and that such an action need be defended only once. 59 AmJur2d Parties § 35 (1987). The right of a plaintiff to maintain a suit, while frequently treated as going to the question of jurisdiction, goes, in reality, to the right of the plaintiff to relief rather than to the jurisdiction of the court to afford it. 21 C.J.S. Courts § 16 (1990). A challenge to a party's status as real party in interest must be made promptly or the court may conclude the point has been waived. 6A Charles Alan Wright, Arthur R. Miller and Mary Kay Kane, Federal Practice...

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32 practice notes
  • Solley v. Navy Fed. Credit Union, Inc., No. 4937.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2012
    ...of the property was diminished in the eyes of a third party. We find this issue unpreserved. In Bardoon Properties, NV v. Eidolon Corp., 326 S.C. 166, 168, 485 S.E.2d 371, 372 (1997), the defendant's motion to set aside the default judgment was denied. After a damages hearing, the plaintiff......
  • Trenwick Am. Reinsurance Corp.. v. Irc Inc. (individually, Civ. Action No. 07cv12160–NG.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • February 16, 2011
    ...v. Karn's Auto Imp., Inc., 886 F.2d 100, 102 (5th Cir.1989), after default judgment had been entered, Bardoon Prop. v. Eidolon Corp., 326 S.C. 166, 485 S.E.2d 371, 371 (1997), and on appeal, United HealthCare Corp., 88 F.3d at 568; Negus–Sweenie, Inc., 549 F.2d at 49. In each instance, the ......
  • Baird v. Charleston County, No. 24885.
    • United States
    • United States State Supreme Court of South Carolina
    • January 18, 1999
    ...to the right of the plaintiff to relief rather than the jurisdiction of the court to afford it. Bardoon Properties, NV v. Eidolon Corp., 326 S.C. 166, 485 S.E.2d 371 8. The opinion stated: "while the end result of a benefit or detriment [to UMA] may be remote in time and effect, it is ......
  • Stalk v. State, No. 4298.
    • United States
    • Court of Appeals of South Carolina
    • October 5, 2007
    ...one acknowledges on the record that one knows the range of sentences and that no promises have been made." Wolfe, 326 S.C. at 165, 485 S.E.2d at 371. Moreover, counsel's plea negotiations for Stalk proved advantageous. The first degree burglary count was reduced to second degree, and S......
  • Request a trial to view additional results
32 cases
  • Solley v. Navy Fed. Credit Union, Inc., No. 4937.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2012
    ...of the property was diminished in the eyes of a third party. We find this issue unpreserved. In Bardoon Properties, NV v. Eidolon Corp., 326 S.C. 166, 168, 485 S.E.2d 371, 372 (1997), the defendant's motion to set aside the default judgment was denied. After a damages hearing, the plaintiff......
  • Trenwick Am. Reinsurance Corp.. v. Irc Inc. (individually, Civ. Action No. 07cv12160–NG.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • February 16, 2011
    ...v. Karn's Auto Imp., Inc., 886 F.2d 100, 102 (5th Cir.1989), after default judgment had been entered, Bardoon Prop. v. Eidolon Corp., 326 S.C. 166, 485 S.E.2d 371, 371 (1997), and on appeal, United HealthCare Corp., 88 F.3d at 568; Negus–Sweenie, Inc., 549 F.2d at 49. In each instance, the ......
  • Baird v. Charleston County, No. 24885.
    • United States
    • United States State Supreme Court of South Carolina
    • January 18, 1999
    ...to the right of the plaintiff to relief rather than the jurisdiction of the court to afford it. Bardoon Properties, NV v. Eidolon Corp., 326 S.C. 166, 485 S.E.2d 371 8. The opinion stated: "while the end result of a benefit or detriment [to UMA] may be remote in time and effect, it is ......
  • Stalk v. State, No. 4298.
    • United States
    • Court of Appeals of South Carolina
    • October 5, 2007
    ...one acknowledges on the record that one knows the range of sentences and that no promises have been made." Wolfe, 326 S.C. at 165, 485 S.E.2d at 371. Moreover, counsel's plea negotiations for Stalk proved advantageous. The first degree burglary count was reduced to second degree, and S......
  • Request a trial to view additional results

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