Murphy v. NATIONSBANK, NA, No. 3633.

• Court: Court of Appeals of South Carolina
• Writing for the Court: PER CURIAM.
• Citation: 581 S.E.2d 849,354 S.C. 495
• Parties: Loren John MURPHY, Appellant, v. NATIONSBANK, N.A., Respondent.
• Decision Date: 28 April 2003
• Docket Number: No. 3633.

354 S.C. 495
581 S.E.2d 849

Loren John MURPHY, Appellant,
v.
NATIONSBANK, N.A., Respondent

No. 3633.

Court of Appeals of South Carolina.

Submitted February 20, 2003.

Decided April 28, 2003.

Rehearing Denied June 25, 2003.

James J. Raman, of Spartanburg; for Appellant.

Donald E. Rothwell and Scott L. Hood, both of Irmo; for Respondent.

PER CURIAM.

Loren John Murphy appeals from a circuit court order denying his request for a witness fee and mileage for attending

354 S.C. 496

a deposition in an action in which Murphy was the plaintiff. Murphy contends the circuit court erred because a party who testifies at a deposition is a witness entitled to the witness fee and mileage pursuant to Rule 30(a)(2), SCRCP

FACTS/PROCEDURAL HISTORY

In 1984, Murphy executed a Money Line Agreement with NationsBank in order to obtain a $25,000.00 revolving line of credit. Murphy defaulted on his repayment obligation to NationsBank, and in 1993, the bank agreed to accept a lump sum payment from him in full satisfaction of the account. NationsBank continued to report the account as charged off to consumer credit reporting agencies. Murphy commenced this action against NationsBank in 1999, seeking actual and punitive damages because of the bank's action in allegedly filing a false credit report about Murphy. NationsBank answered, denying liability and asserting numerous defenses, among them that the credit information provided by it concerning Murphy was true.

During the course of the lawsuit, NationsBank noticed the deposition of Murphy. Counsel for Murphy then notified NationsBank that Murphy expected to receive a witness fee of $25.00 and mileage, for a total of $29.14. NationsBank then filed a notice of motion and motion to enforce discovery. On June 28, 2001, a hearing on NationsBank's motion was heard before the Honorable John C. Hayes, III. Judge Hayes ruled that a party such as Murphy was not entitled to the witness fee and mileage under Rule 30(a)(2), and compelled Murphy to appear for his deposition. Thereafter, by order dated February 1, 2002, the Honorable Donald W. Beatty granted summary judgment to NationsBank based on the statute of limitations. Murphy appeals Judge Hayes' decision to deny him the witness fee and mileage.

DISCUSSION

Rule 30(a)(2), SCRCP, sets forth certain limitations on depositions. The first paragraph of the subsection provides: "A witness (excluding a party) may be compelled to attend only in the county in which he resides or...