Miller v. Columbia Forest, Inc.
Decision Date | 22 October 2014 |
Docket Number | 2014-UP-364 |
Court | South Carolina Supreme Court |
Parties | Bruce Miller, Appellant, v. Columbia Forest, Inc., Forest Hatch and Ida M. Singleton, Respondents. Appellate Case No. 2013-000511 |
UNPUBLISHED OPINION
Heard October 8, 2014
Appeal From Beaufort County Marvin H. Dukes, III, Master-in-Equity
James H. Moss and H. Fred Kuhn, Jr., both of Moss Kuhn & Fleming, PA, of Beaufort, for Appellant.
Colden R. Battey, Jr., of Harvey & Battey, PA, of Beaufort, for Respondents.
In this civil appeal, Bruce Miller argues error in two orders from the Master-in-Equity. First, Miller contends the master erred in vacating the entry of default against Ida M. Singleton. Second, Miller contends the master erred in finding he had not adversely possessed property that was titled in Singleton's name. We affirm pursuant to Rule 220(b) SCACR, and the following authorities:
1.As to whether the master erred in vacating the entry of default against Singleton: Sundown Operating Co. v. Intedge Indus., 383 S.C. 601, 607, 681 S.E.2d 885, 888 (2009) ; id. at 607-08, 681 S.E.2d at 888 ( ; id. at 608, 681 S.E.2d at 889 ( .
2.As to whether the master erred in finding Miller did not prove adverse possession by clear and convincing evidence Jones v. Leagan, 384 S.C. 1, 10, 681 S.E.2d 6, 11 (Ct. App. 2009) ( ); id. at 10-11, 681 S.E.2d at 11 (stating the party asserting adverse possession must show by clear and convincing evidence that he has possessed the property in a manner that was continuous, hostile, open, actual, notorious, and exclusive for at least ten years (citing S.C. Code Ann. § 15-67-210 (2005)); Getsinger v. Midlands Orthopaedic Profit Sharing Plan, 327 S.C. 424, 430, 489 S.E.2d 223, 225-26 (Ct. App. 1997) ; id. at 430, 489 S.E.2d at 226 ( ); Millvale Plantation, LLC v. Carrison Family Ltd. P'ship, 401 S.C. 166, 177, 736 S.E.2d 286, 292 (Ct. App. 2012) ...
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