Estate of Watson v. Babb, 2007-UP-329

• Decision Date: 25 June 2007
• Docket Number: 2007-UP-329
• Parties: The Estate of Charles L. Watson, and Eleanor G. Watson, and Pamela Watson Fehlig, as Personal Representatives of the Estate of Charles L. Watson, and CLW Investments, Inc., d/b/a Salt Marsh Cove, and Wilbur M. McLamb, Individually, Respondents, v. Malcolm M. Babb, Appellant
• Court: South Carolina Court of Appeals

The Estate of Charles L. Watson, and Eleanor G. Watson, and Pamela Watson Fehlig, as Personal Representatives of the Estate of Charles L. Watson, and CLW Investments, Inc., d/b/a Salt Marsh Cove, and Wilbur M. McLamb, Individually, Respondents,
v.
Malcolm M. Babb, Appellant

No. 2007-UP-329

Court of Appeals of South Carolina

June 25, 2007

Unpublished Opinion

Submitted May 1, 2007

Appeal From Horry County Thomas W. Cooper, Jr., Circuit Court Judge J. Michael Baxley, Circuit Court Judge

Malcolm M. Babb, of Calabash, N.C., pro se.

Stephan Victor Futeral, of Mt. Pleasant, for Respondents.

PER CURIAM

Malcom M. Babb appeals orders of the circuit court sanctioning him and denying his motion to quash a subpoena. Babb further contends the circuit court abused its discretion by entering judgment on a prior judge's order. We affirm.^[1]

FACTS

On July 17, 2001, the Watsons filed a lawsuit against Babb and amended the complaint on July 25, 2001, alleging abuse of process, malicious prosecution, frivolous proceedings, slander of title, conversion, and breach of fiduciary duty. The Watsons noticed Babb's wife (Witness) for a deposition for December 29, 2003. Witness requested that her deposition not be held at the office of the Watson properties, but rather at the Georgetown County Courthouse. Not having received a response from the circuit court setting the location for her deposition, she notified the Watsons by letter, dated December 23, 2003, that she would not appear at the December 29^th deposition. On January 13, 2004, the Watsons filed a motion to compel Witness's testimony because she did not appear at the December 29^th deposition. The circuit court granted the Watsons' motion to compel and ordered the deposition take place at the Georgetown County Courthouse.

Witness's deposition was held on April 19, 2004. Babb attended the deposition and frequently made objections on behalf of Witness. The Watsons claim Babb's objections were inappropriate and his behavior was disruptive. As a result, the Watsons terminated the deposition with the intention of filing an appropriate motion asking the circuit court to continue it to a later date. Accordingly, the Watsons made a motion for sanctions and to compel the deposition testimony of Witness.

The circuit court heard the motion on September 13, 2004, and on November 24, 2004, the court ordered Babb pay $5,665.05 to the Watsons in attorney's fees and costs for the failed deposition. The court also ordered that Babb pay the sum of $2500 to the South Carolina Bar Association as a sanction. The court further ordered the Watsons to reschedule Witness's deposition and Babb to pay all costs of taking the second deposition at a hourly fee of $250 for attorney's fees. Babb then retained an attorney, who, on December 16, 2004, filed a motion for the circuit court to reconsider its award of sanctions against Babb. On May 9, 2005, the circuit court partially granted Babb's motion for reconsideration, reducing the payment to the South Carolina Bar to $1000 and rescinding the award of attorney's fees and mileage for the taking of Witness's second deposition.

Prior to issuance of the May 9, 2005 order, counsel for Carolina First Bank sent Babb a letter, dated December 22, 2004, which stated that the bank had been served with a subpoena for the records regarding Babb's relationship with the bank.^[2] Counsel further stated that unless he received an order from the court...