McDonnell v. Consolidated School Dist. of Aiken
Citation | 445 S.E.2d 638,315 S.C. 487 |
Decision Date | 04 May 1994 |
Docket Number | No. 24097,24097 |
Parties | , 92 Ed. Law Rep. 1018 The Rev'd Canon Richard P. McDONNELL, III, D. Min., Appellant, v. The CONSOLIDATED SCHOOL DISTRICT OF AIKEN, a body politic and corporate, Respondent. . Heard |
Court | United States State Supreme Court of South Carolina |
Jack D. Simrill, Hilton Head, for appellant.
William H. Burkhalter, Jr., P.A., North Augusta, for respondent.
This is an appeal from an order granting respondent's motion for summary judgment. We affirm.
Prior to December 1989, appellant was employed as a teacher with respondent Consolidated School District of Aiken (District). In November 1989 appellant was suspended and eventually dismissed. On March 17, 1992, appellant contacted the school regarding personal property, videos and other recordings, which he claimed he left in storage and filing cabinets at the school. The school notified appellant that it could not find the property. On November 30, 1992, appellant acting pro se filed a complaint against District alleging that since December 1, 1989, it had converted his personal property. 1 Appellant sought $100,000.00 in actual damages and punitive damages. District made a motion to dismiss the complaint through several Rule 12, SCRCP, motions. The trial court dismissed the action with prejudice.
Can the statute of limitations defense be raised in a summary judgment motion?
1 The complaint originally named the Aiken County School Board and several of the school's personnel as defendants. The action was amended to name only District.
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...evidentiary matters in accordance with Rule 56(c) and (e)." Id. at 279, 422 S.E.2d at 159. Next, in McDonnell v. Consolidated Sch. Dist., 315 S.C. 487, 445 S.E.2d 638 (1994), the court held that a party could use a summary judgment motion to raise a statute of limitations defense. In a foot......
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