Resolution Trust Corp. v. Eagle Lake and Golf Condominiums, No. 23802
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | PER CURIAM |
| Citation | 427 S.E.2d 646,310 S.C. 473 |
| Parties | RESOLUTION TRUST CORPORATION, as Receiver for Heritage Federal Savings and Loan Association, Appellant, v. EAGLE LAKE AND GOLF CONDOMINIUMS, A South Carolina Limited Partnership, Allen W. May, Peggy W. May, Coker Builders, Inc., and Eagle Lake and Golf Condominiums Homeowners Association, Inc., Respondents, v. COKER BUILDERS, INC., Third-Party Plaintiff/Respondent, v. Michael B. CALLAHAN, Kathleen B. Callahan, Glenn F. Sowards, Oretha B. Sowards, Joseph A. Larkin, Marilyn Larkin, Robert Stayrock, Sandra Yatty a/k/a Sandra L. Stayrock, Thomas L. Fiato, Mark T. Fiato, Kevin F. Skellett, Russell Smith, Lucille Smith, John B. Somers, Mary Jo Somers, John B. Dahlberg, Stephanie P. Dahlberg, Peter J. Pallassino, Rosemary Pallassino, Maurice Harruff, Marilyn Harruff, David Wayne Brown, Joi Michelle Brown, Patricia Williams, Jan L. Hilgert and Pilar Hilgert, Third-Party Defendants. . Heard |
| Decision Date | 04 January 1993 |
| Docket Number | No. 23802 |
Page 646
Federal Savings and Loan Association, Appellant,
v.
EAGLE LAKE AND GOLF CONDOMINIUMS, A South Carolina Limited
Partnership, Allen W. May, Peggy W. May, Coker Builders,
Inc., and Eagle Lake and Golf Condominiums Homeowners
Association, Inc., Respondents,
v.
COKER BUILDERS, INC., Third-Party Plaintiff/Respondent,
v.
Michael B. CALLAHAN, Kathleen B. Callahan, Glenn F. Sowards,
Oretha B. Sowards, Joseph A. Larkin, Marilyn Larkin, Robert
Stayrock, Sandra Yatty a/k/a Sandra L. Stayrock, Thomas L.
Fiato, Mark T. Fiato, Kevin F. Skellett, Russell Smith,
Lucille Smith, John B. Somers, Mary Jo Somers, John B.
Dahlberg, Stephanie P. Dahlberg, Peter J. Pallassino,
Rosemary Pallassino, Maurice Harruff, Marilyn Harruff, David
Wayne Brown, Joi Michelle Brown, Patricia Williams, Jan L.
Hilgert and Pilar Hilgert, Third-Party Defendants.
Decided Feb. 16, 1993.
Rehearing Denied March 23, 1993.
Page 647
[310 S.C. 474] Robert E. Stepp, and Elizabeth Howard Simmons, both of Glenn, Irvin, Murphy, Gray & Stepp, Columbia, for appellant.
Dalton B. Floyd, Jr., Surfside Beach, for third-party plaintiff/respondent Coker.
[310 S.C. 475] Cary F. McLeod, North Myrtle Beach, and John E. Fulbright, of Connelly Springs, NC, for respondents.
John Randolph Martin, of the Law Offices of John R. Clarke, North Myrtle Beach, for third-party defendants Michael B. Callahan and Kathleen B. Callahan.
Peggy W. May and Allen W. May, pro se respondents.
Thomas H. Somers, of Moon, Moss & McGill, Portland, ME, for third-party defendants John B. Somers and Mary Jo Somers.
PER CURIAM:
Appellant appeals an order granting respondent Coker's summary judgment motion and holding appellant's mortgage ineffective under S.C.Code Ann. § 27-31-230(a) (1991). The sole issue before the Court is whether a mortgage, given by a condominium developer on the entire project after the master deed has been filed, is void under this statute. We hold that it is, and affirm.
Appellant brought this action to foreclose its mortgage. Coker raised the statutory issue in its counterclaim. Appellant filed a general denial to this counterclaim, but raised no affirmative defenses. Coker then moved for summary judgment; appellant did not respond. At the hearing on Coker's motion, appellant for the first time orally raised a number of affirmative defenses. 1 In his order, the trial judge addressed the statutory issue, and also briefly addressed the merits of appellant's affirmative defenses, but only after first noting the issues were not properly before him.
Page 648
Appellant has not appealed the judge's ruling that the affirmative defenses were not properly before him, but has appealed and argued the merits of those defenses. The trial judge's procedural ruling is the law of the...
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...American Wholesale Corp. v. Mauldin, 128 S.C. 241, 122 S.E. 576 (1924); cf. Resolution Trust Corp. v. Eagle Lake and Golf Condominiums, 310 S.C. 473, 427 S.E.2d 646 (1993) (expressing the court's distaste for raising unpled issues orally at a summary judgment hearing). Here, Anne failed to ......
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...using the plaintiff's trade secrets in direct competition with the plaintiff. Resolution Trust Corp. v. Eagle Lake and Golf Condominiums, 310 S.C. 473, 476, 427 S.E.2d 646, 648 (1993) ("Words used in a statute should be given their plain and ordinary meaning."); McClanahan v. Richland Count......
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Parker v. Shecut, No. 3167.
...American Wholesale Corp. v. Mauldin, 128 S.C. 241, 122 S.E. 576 (1924); cf. Resolution Trust Corp. v. Eagle Lake and Golf Condominiums, 310 S.C. 473, 427 S.E.2d 646 (1993) (expressing the court's distaste for raising unpled issues orally at a summary judgment hearing). Here, Anne failed to ......
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WILLIAMSBURG RURAL v. WILLIAMSBURG, No. 3707.
...Co. v. Department of Health and Envtl. Control, 324 S.C. 177, 478 S.E.2d 60 (1996); Resolution Trust Corp. v. Eagle Lake & Golf Condos, 310 S.C. 473, 427 S.E.2d 646 (1993); Larimore v. Carolina Power & Light, 340 S.C. 438, 531 S.E.2d 535 (Ct.App.2000); see also Brading v. County of Georgeto......
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Steinke v. SC DEPT. OF LABOR, LICENSING, No. 24999.
...court looks to its language as a whole in light of its manifest purpose); Resolution Trust Corp. v. Eagle Lake and Golf Condominiums, 310 S.C. 473, 427 S.E.2d 646 (1993) (purpose of the statute and public policy are aids in construction of a Finally, Department argues that respondents Stein......
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Sonoco Prods. Co. v. Gü, C.A. No. 4:12-cv-00790-BHH
...using the plaintiff's trade secrets in direct competition with the plaintiff. Resolution Trust Corp. v. Eagle Lake and Golf Condominiums, 310 S.C. 473, 476, 427 S.E.2d 646, 648 (1993) ("Words used in a statute should be given their plain and ordinary meaning."); McClanahan v. Richland Count......