Church of God & Church of God of S.C. v. Mark Estes
Decision Date | 17 January 2018 |
Docket Number | Appellate Case No. 2015-001848,Unpublished Opinion No. 2018-UP-030 |
Parties | Church of God and Church of God of South Carolina, Appellants, v. Mark Estes, Patricia Estes, Michael Timothy Brooks, Individually and as Trustee for Church of God at North Charleston Trust, Adam Boyer, Individually and as Trustee for Church of God at North Charleston, Rolando River Osorio, individually and as Trustee at Church of God at North Charleston, and North Palm Ministries, Inc., North Palm Community Church and Community First Bank and its Successor Crescom Bank, Defendants. Of Whom Crescom Bank is the Respondent, v. Thomas Propes and Marc Campbell, Third-Party Defendants. |
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.
Appeal From Charleston County
R. Markley Dennis, Jr., Circuit Court Judge
AFFIRMED
Carol Brittain Ervin and Brian Lee Quisenberry, of Young Clement Rivers, George J. Kefalos, of George J. Kefalos, PA, and Oana Dobrescu Johnson, of Oana D. Johnson, Attorney at Law, all of Charleston, for Church of God of South Carolina; and George J. Kefalos, of George J. Kefalos, PA, and Oana Dobrescu Johnson, of Oana D. Johnson, Attorney at Law, both of Charleston, for Church of God.
Charles S. Altman and Meredith L. Coker, of Altman & Coker, LLC, and Daniel Quigley Orvin and Matthew Tillman, of Womble Bond Dickinson (US) LLP, all of Charleston, for Crescom Bank.
(collectively, Church) appeal, arguing the trial court erred in (1) dismissing Church's claims under the voluntary payment doctrine despite the fact that Church paid without full knowledge of the facts; (2) imposing a two-year statute of limitations on Church's slander of title cause of action; (3) dismissing Church's aiding and abetting cause of action where there is evidence Crescom Bank (Bank) had knowledge of and participated in the other defendants' breaches of fiduciary duties; (4) dismissing Church's conversion cause of action when that claim is founded on Bank's wrongful taking of Church's cash payment; (5) attributing the knowledge and acts of rogue agents to Church when those agents were acting for their own purposes outside the scope of their authority; and (6) ruling as a matter of law that Church's claims for conversion and aiding and abetting are barred by the three year statute of limitations. In this action arising out of a bank loan, Church of God and Church of God of South Carolina We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
1. As to whether the trial court erred in dismissing its claims under the voluntary payment doctrine: Hardaway v. S. Ry. Co., 90 S.C. 475, 488-89, 73 S.E. 1020, 1025 (1912) ("It is an elementary principle that no action will lie to recover money voluntarily paid with full knowledge of all the facts" and "'without any fraud, duress, or extortion, although no obligation to make such payment existed.'"
(quoting 30 Cyc. 1298)); Moody v. Stem, 214 S.C. 45, 60, 51 S.E.2d 163, 169 (1948) (); Hardaway, 90 S.C. at 489, 73 S.E. at 1025 ( ).
2. As to whether the trial court erred in imposing a two-year statute of limitations on its slander of title cause of action: Pond Place Partners, Inc. v. Poole, 351 S.C. 1, 18, 567 S.E.2d 881, 890 (Ct. App. 2002) ; id. (); id. at 20, 567 S.E.2d at 891 (); Huff, 319 S.C. at 149, 459 S.E.2d at 891 (); Jones v. City of Folly Beach, 326 S.C. 360, 369, 483 S.E.2d 770, 775 (Ct. App. 1997) ( ); S.C. Code Ann. § 15-3-550(1) (2005) ( ); see also Hosey v. Cent. Bank of Birmingham, Inc., 528 So. 2d 843, 844 (Ala. 1988) ; id. (); 50 Am. Jur. 2d Libeland Slander § 529 (2017) ().
3. As to whether the trial court erred in dismissing its aiding and abetting cause of action: Vortex Sports & Entm't, Inc. v. Ware, 378 S.C. 197, 204, 662 S.E.2d 444, 448 (2008) (); Future Group, II v. Nationsbank, 324 S.C. 89, 99, 478 S.E.2d 45, 50 (1996) ().
4. As to whether the trial court erred in dismissing Church's conversion cause of action: Mullis v. Trident Emergency Physicians, 351 S.C. 503, 506-07, 570 S.E.2d 549, 550 (Ct. App. 2002) (); id. at 507, 570 S.E.2d at 551 ...
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