Manning v. Quinn, 22836

CourtUnited States State Supreme Court of South Carolina
Citation294 S.C. 383,365 S.E.2d 24
Docket NumberNo. 22836,22836
PartiesBurwell D. MANNING, Jr., and Eastern Corn and Grain Company, Inc., Appellants, v. Timothy G. QUINN, Respondent. . Heard
Decision Date08 December 1987

Page 24

365 S.E.2d 24
294 S.C. 383
Burwell D. MANNING, Jr., and Eastern Corn and Grain Company,
Inc., Appellants,
v.
Timothy G. QUINN, Respondent.
No. 22836.
Supreme Court of South Carolina.
Heard Dec. 8, 1987.
Decided Feb. 8, 1988.

[294 S.C. 384] Ronald M. Childress, of Childress & Mille, and R. Randall Bridwell, Columbia, for appellants.

Charles E. Carpenter, Jr., and George C. Beighley, of Richardson, Plowden, Grier and Howser, Columbia, for respondent.

HARWELL, Justice:

This is an action against an attorney (respondent) alleging professional malpractice. The trial court granted summary judgment in favor of respondent, and appellants appeal that order. We affirm.

FACTS

This lawsuit arose out of respondent's representation of appellants in a proceeding brought by the South Carolina Department of Highways and Public Transportation (the Department) to condemn four parcels of real property owned by appellants. During the condemnation proceeding, certain procedural irregularities were committed by employees and officials of the Department. A detailed factual history of this controversy is set forth in South Carolina Department of Highways and Public Transportation v. Manning, 283 S.C. 394, 323 S.E.2d 775 (1984); we will not restate all of the facts here.

The substance of the procedural irregularities was that the original $1,600,000.00 condemnation award was intercepted before it could be reduced to a resolution and served on the Department and appellants. A $619,000.00 award was substituted and a resolution was served on appellants and the Department. Appellants discovered the deception and attempted, through respondent and other attorneys, to obtain reinstatement of the original board award.

[294 S.C. 385] As a result of negotiations between appellants, their attorneys (including respondent), and Department officials, the original board awards were reinstated. Resolutions and checks in the original $1,600,000.00 amount were prepared and served on appellants and the Department. The Department then appealed this board award to the circuit court for a trial de novo pursuant to S.C.Code Ann. § 57-5-500 (1976).

At trial, the Department offered to settle the case for $800,000.00. Respondent, appellants' trial counsel, recommended appellants accept this offer. An expert witness retained on behalf of appellants also recommended acceptance. Appellants rejected the offer and thereafter received a jury verdict of only $446,951.00. Appellants then instituted this action for legal malpractice...

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30 practice notes
  • Sloan v. Sc Bd. of Physical Therapy ex'Mnrs, No. 26209.
    • United States
    • United States State Supreme Court of South Carolina
    • 25 Septiembre 2006
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and i......
  • Willis v. Wu, No. 25915.
    • United States
    • United States State Supreme Court of South Carolina
    • 20 Diciembre 2004
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and i......
  • Moriarty v. Garden Sanctuary Church, No. 25156.
    • United States
    • United States State Supreme Court of South Carolina
    • 26 Junio 2000
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). An appellate court reviews the granting of summary judgment under the same standard applied by the trial court pursuan......
  • Madison ex rel. Bryant v. Babcock Center, No. 26198.
    • United States
    • United States State Supreme Court of South Carolina
    • 7 Marzo 2006
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). Summary judgment is a drastic remedy which should be cautiously invoked so that a litigant is not improperly deprived ......
  • Request a trial to view additional results
31 cases
  • Sloan v. Sc Bd. of Physical Therapy ex'Mnrs, 26209.
    • United States
    • United States State Supreme Court of South Carolina
    • 25 Septiembre 2006
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and i......
  • Willis v. Wu, 25915.
    • United States
    • United States State Supreme Court of South Carolina
    • 20 Diciembre 2004
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and i......
  • Moriarty v. Garden Sanctuary Church, 25156.
    • United States
    • United States State Supreme Court of South Carolina
    • 26 Junio 2000
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). An appellate court reviews the granting of summary judgment under the same standard applied by the trial court pursuan......
  • Madison ex rel. Bryant v. Babcock Center, 26198.
    • United States
    • United States State Supreme Court of South Carolina
    • 7 Marzo 2006
    ...and all reasonable inferences that may be drawn from the evidence in the light most favorable to the non-moving party. Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988). Summary judgment is a drastic remedy which should be cautiously invoked so that a litigant is not improperly deprived ......
  • Request a trial to view additional results

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