Gravelle v. Roberts, Opinion No. 2008-UP-283 (S.C. App. 6/2/2008), Opinion No. 2008-UP-283.

• Decision Date: 02 June 2008
• Docket Number: Opinion No. 2008-UP-283.
• Court: Court of Appeals of South Carolina
• Parties: Gordon Gravelle o/a "CodePro Manufacturing," Appellant, v. Kenneth Roberts, an individual, and Beacon Safe & Lock, Inc. and DOES I through V, and Roe Corporations VI through X, inclusive, Respondent.

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Unpublished Opinion

Gordon Gravelle o/a "CodePro Manufacturing," Appellant,
v.
Kenneth Roberts, an individual, and Beacon Safe & Lock, Inc. and DOES I through V, and Roe Corporations VI through X, inclusive, Respondent. Opinion No. 2008-UP-283. Court of Appeals of South Carolina. Submitted May 1, 2008. Filed June 2, 2008.

Appeal From Horry County, Brooks P. Goldsmith, Circuit Court Judge.

AFFIRMED

Gordon Gravelle, of Ontario, Canada, for Appellant.

Linda Weeks Gangi, of Conway, for Respondent.

PER CURIAM:

In this libel action, Gordon Gravelle (Gravelle) appeals the trial court's (1) verdict in favor of Kenneth Roberts (Roberts), (2) dismissal of his post-trial motions, (3) denial of a motion to represent himself, and (4) exclusion of evidence. We affirm.

FACTS

Gravelle filed a lawsuit in Nevada for defamation against Jim Webb (Webb) and Jay Long (Long). The suit stemmed from a "buyers beware" letter posted by Webb on ClearStar Security Network (ClearStar), a website for locksmiths, following Webb's purchase of a faulty machine manufactured by Gravelle. Long is the creator of ClearStar. The suit was dismissed and costs were assessed against Gravelle in the amount of $90,000. Gravelle then filed a lawsuit in California against the same individuals. Subsequently, Webb was dismissed from the California lawsuit, and Gravelle re-filed his lawsuit against Long in Nevada state court and federal court.

Due to Gravelle's lawsuits against Long, Roberts wrote a post on ClearStar asking fellow locksmith members of ClearStar to contribute money to help Long defend the suits. Roberts' post, captioned "ClearStar under Fire (Again) . . . Terrorism of a Different Color," stated in full:

When we can no longer speak openly and freely on Forums such as Clearstar we certainly have been terrorized. I think most of us who use Clearstar, for the intent that [Long] created it, will agree that it has become one of the most useful tools that we have. My hope is that it will continue to mature as one of the best technical resources we have as Locksmiths.

So I ask all who pay the 40 bucks a year . . . the 250 or 500 for lifetime ... to consider how much money Clearstar has made and/or saved you this year. Think about it.

Lets [sic] say you have worked hard this year . . . very hard . . . trying to grow and improve your business. Then you get hit with a lawsuit (one which you don't deserve to be part of) costly, distracting and depressing. Your friend's [sic] rally for you and the court with its wisdom throws the suit out . . . you relax.

Now in a different venue . . . the State of California, the Lawsuit is new again . . . .

Terrorism of a different Color . . . frivolous lawsuits.

The Clearstar Defense Fund is open for business.

[Roberts]

Based on this post, Gravelle filed a complaint in South Carolina against Roberts¹ for libel.² He filed this complaint in South Carolina because Roberts is an officer and employee of Beacon Safe & Lock, Inc., which is a South Carolina corporation. Gravelle claimed Roberts' post accused him of "filing frivolous lawsuits and carrying out deplorable actions akin to that of Osama Bin Ladin, [imputing toward him and his company] a lack of integrity...