Gunter's Island Hunting Club of Horry County, South Carolina by Shelley v. Hucks

Decision Date01 March 1984
Docket NumberNo. 0198,0198
Citation317 S.E.2d 470,282 S.C. 124
CourtSouth Carolina Court of Appeals
PartiesGUNTER'S ISLAND HUNTING CLUB OF HORRY COUNTY, SOUTH CAROLINA, by W.I. SHELLEY, President, and Odell Hughes, Secretary, individually and on behalf of approximately seventy members similarly situate of Gunter's Island Hunting Club, Respondents, v. Charley HUCKS, Murphy Hucks, Jimmy (Tiny) Hucks, Weston Dix, Jimmy Frye, Wayne Walters, Kill Roy Walters, Lee Rabon, Hayward Squires, Levi Johnson, Joe Turbeville, Bobby Lundy, Craig Dunn, Jimmy D. Edwards, Tom Roberts, Boyd Turbeville, James Davis, Mack Arthur Edwards, Dero Cook, Oliver Smith, Webb Frye, Lloyd Frye, and Jeff Frye, Appellants. . Heard

H.T. Abbott, III, Conway, for appellants.

James B. Van Osdell, of Van Osdell, Lester, Stewart & McCutchen, Myrtle Beach, for respondents.

GARDNER, Judge:

Respondents Gunter's Island Hunting Club, by W.I. Shelley, President, and Odell Hughes, Secretary, (the Hunting Club) brought this action against Hucks, et al., (Hucks) seeking injunctive relief from trespassing and interfering with the Hunting Club's quiet enjoyment of certain leased property. Hucks' counterclaim alleges, inter alia, that the roads to the lakes on the subject property are public roads and the lakes are public lakes. The case was referred to the Horry County Master who made a factual finding that the Hunting Club holds a hunting and fishing leasehold interest in the property and that the roads and lakes are public property; the Master recommended that Hucks be enjoined from hunting on the leased premises during the term of the lease and from interfering with the Hunting Club's enjoyment of their leasehold interest in the land and that the roads and lakes be declared public property. The Hunting Club excepted to the Master's Report. The trial judge overruled the Master's Report and ordered, inter alia, that Hucks be enjoined from interfering with the Hunting Club's quiet enjoyment of the leased premises; the appealed Order also overruled the Master's Report as it related to the roads and lakes because the owners of the subject property and the state of South Carolina were not joined as parties to the action.

We agree and affirm.

On appeal, Hucks present for decision six questions, four of which are fact related. The Transcript of Record contains no testimony, nor does it contain copies of the pertinent leases. "The burden is on an appellant to present sufficient record from which this Court can determine whether the lower court erred in the respects charged; and where, as here, the exceptions require consideration of the trial evidence, which is not included in the record, such exceptions will not be considered." Wilson v. American Casualty Company, 252 S.C. 393, 166 S.E.2d 797, 798 (1969). We therefore decline to consider the fact related questions.

We first consider Hucks' contention that the trial court erred in dismissing their counterclaim because proper indispensable parties were not before the court. We reject this...

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    • United States
    • South Carolina Court of Appeals
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7 books & journal articles
  • Chapter 41 Dismissal of Actions; Non-suit
    • United States
    • South Carolina Civil Procedure (SCBar)
    • Invalid date
    ...SCRCP, providing for transfer to the appropriate venue rather than dismissal of the action.[75] Gunter's Island Hunting Club v. Hucks, 282 S.C. 124, 317 S.E.2d 470 (Ct. App. 1984) (adjudication of ownership without owner or state did not preclude later action to declare land public property......
  • B. Interference with Property
    • United States
    • The South Carolina Law of Torts (SCBar) Chapter 6 Intentional Torts
    • Invalid date
    ...evidence of permanent damage caused by direct invasion as required for trespass).[238] Gunter's Island Hunting Club v. Hucks, 282 S.C. 124, 317 S.E.2d 470 (Ct. App. 1984). To be distinguished is the action of trespass to try title, which action determines not only the issue of damages for t......
  • Chapter 90 Res Judicata
    • United States
    • South Carolina Civil Procedure (SCBar)
    • Invalid date
    ...SCRCP providing for transfer to the appropriate venue rather than dismissal of the action.[60] Gunter's Island Hunting Club v. Hucks, 282 S.C. 124, 317 S.E.2d 470 (Ct. App. 1984) (adjudication of ownership without owner or state did not preclude later action to declare land public property)......
  • C. Property Loss
    • United States
    • The South Carolina Law of Torts (SCBar) Chapter 8 Damages
    • Invalid date
    ...Greenville, Spartanburg & Anderson R.R., 94 S.C. 199, 78 S.E. 888 (1913) (legal remedy inadequate); Gunter's Island Hunting Club v. Hucks, 282 S.C. 124, 317 S.E.2d 470 (Ct. App. 1984) (injunction allowed where defendant's trespass continuously interfered with hunting club's quiet enjoyment ......
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