Rahn v. Smith

• Docket Number: 2024-UP-131,Appellate Case 2020-000607
• Decision Date: 24 April 2024
• Parties: Larry Rahn, Respondent, v. Barbara Smith, Appellant.
• Court: South Carolina Court of Appeals

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Larry Rahn, Respondent,
v.
Barbara Smith, Appellant.

No. 2024-UP-131

Appellate Case No. 2020-000607

Court of Appeals of South Carolina

April 24, 2024

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Submitted April 10, 2024

Appeal From Colleton County Perry M. Buckner, III, Circuit Court Judge Bentley Price, Circuit Court Judge

Gregory E. Parker, Jr., of Parker Law, LLC, of Columbia; and Thomas J. Rode, of Thurmond Kirchner & Timbes, P.A., of Charleston, both for Appellant.

Ronnie Lanier Crosby and John Elliott Parker, Jr., both of Parker Law Group, LLP, of Hampton, for Respondent.

PER CURIAM

Barbara Smith appeals two orders from the circuit court. The first, a December 2019 order, granted summary judgment to Larry Rahn (Larry) and ordered the parties to fully comply with the terms of a 2015 settlement

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agreement on or before July 11, 2020. The second, a December 2021 order, extended the time for specific performance from July 11, 2020 to February 1, 2022. On appeal, Smith first argues the time for performance under the orders has expired and thus the matter is moot. She next contends that even if the matter is not moot, the circuit court erred when in its December 2019 order it found Larry was entitled to specific performance on or before July 11, 2020, and further erred when in its December 2021 order, it sua sponte extended the deadline for specific performance to February 1, 2022. We affirm in part and vacate in part pursuant to Rule 220(b), SCACR.

Following the deaths of their parents, four siblings-Larry, Smith, Loretta Harriett, and Brantley Rahn (Brantley)-inherited a quarter interest each in two parcels of real property; the smaller parcel was known as "Glover Place" and the larger parcel was known as "Home Place." Subsequently, Brantley died, and his children Kenneth Rahn (Kenneth) and Nancy Crosby inherited his interest in the property. In November 2015, Larry, Smith, Harriett, Kenneth, and Crosby engaged in mediation and executed two settlement agreements. The first agreement (Settlement Agreement 1) essentially provided Harriett would relinquish her interest in Home Place to Larry, Smith, Kenneth, and Crosby, pro rata; in exchange, Larry, Smith, Kenneth, and Crosby would relinquish their interests in Glover Place. The second agreement (Settlement Agreement 2) provided, "In light of mediation, [Loretta] has relinquished her interest in the 'Home Place Tract' property. Due to such, the current ownership of the 'Home Place Tract' is 1/3 interest to [Larry], 1/3 interest to [Smith], 1/6 interest to [Kenneth] and 1/6 interest to [Crosby]." It then provided, "[Smith] will deed her interest in this property to [Rahn], [Kenneth], and [Nancy] for the sum of three hundred and twelve thousand and 00/100 ($312,000.00) dollars. [Larry], [Kenneth], and [Crosby] have 24 months to...