Peeler v. Town of Cowpens, 2010-UP-334

• Decision Date: 29 June 2010
• Docket Number: 2010-UP-334
• Parties: David L. Peeler, Appellant, v. Town of Cowpens, Respondent.
• Court: South Carolina Court of Appeals

David L. Peeler, Appellant, v. Town of Cowpens, Respondent.

No. 2010-UP-334

Court of Appeals of South Carolina

June 29, 2010

UNPUBLISHED OPINION

Submitted June 1, 2010.

Appeal From Spartanburg County, J. Derham Cole, Circuit Court Judge.

William Jeffrey McGurk, of Spartanburg, for Appellant.

Walter McElhaney White, of Spartanburg, for Respondent.

PER CURIAM

David L. Peeler appeals the trial court's grant of a new trial pursuant to the thirteenth juror doctrine. We affirm ^[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Folkens v. Hunt, 300 S.C. 251, 254-55, 387 S.E.2d 265, 267 (1990) ("A trial [court's] order granting or denying a new trial upon the facts will not be disturbed unless his decision is wholly unsupported by the evidence, or the conclusion reached was controlled by an error of law."); Watson v. Town of Pendleton, 294 S.C. 155, 157-58, 363 S.E.2d 234, 234-35 (Ct. App. 1987) (affirming the trial court's grant of a new trial pursuant to the thirteenth juror doctrine when the uncontested evidence at trial indicated the value of the condemned property was $37, 350 and the jury returned a verdict of $0).

AFFIRMED.

FEW, C.J., THOMAS, and PIEPER, JJ., concur.

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Notes:

^[1] We decide this case without oral argument pursuant to Rule 215, SCACR.

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