Spears v. Hopewell

• Decision Date: 29 June 2022
• Docket Number: 2022-UP-280
• Parties: Edward Spears, Appellant, v. Michael S. Hopewell, Respondent. Appellate Case No. 2020-000479
• Court: South Carolina Court of Appeals

Edward Spears, Appellant,
v.
Michael S. Hopewell, Respondent.

Appellate Case No. 2020-000479

No. 2022-UP-280

Court of Appeals of South Carolina

June 29, 2022

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 June 1, 2022

Appeal From Florence County Michael G. Nettles, Circuit Court Judge

Edward Spears, of Florence, pro se.

Michael Charles Abbott, of Abbott, McKissick & Hopewell, LLC, of Florence, for Respondent.

PER CURIAM.

Edward Spears filed this action in magistrate court alleging Michael Hopewell committed obstruction of justice under federal law and seeking to recover $7,500 in damages. He now appeals the circuit court's denial of his motion to reinstate his case to the magistrate court, grant of Hopewell's motion to dismiss, and determination that the statute of limitations barred Spears's claim. On appeal, Spears argues the circuit court erred in (1) determining the magistrate court

1

properly transferred the case to the circuit court; (2) finding obstruction of justice is not a civil cause of action in South Carolina; and (3) finding his claim was barred by a three-year statute of limitations for "general tort" actions. We affirm.

1. We hold the circuit court did not err in finding the magistrate court properly transferred the case because Hopewell asserted actual and punitive damages in excess of $7,500 in his counterclaims. See generally S.C. Code Ann. § 22-3-10 (2007) (stating magistrate courts have jurisdiction over civil cases where the damages claimed do not exceed $7,500); Rule 9(b) SCRMC (requiring the transfer of civil cases from the magistrate court to the circuit if the defendant asserts a counterclaim exceeding $7,500 and does not waive the damages above $7,500 then "the entire action shall be transferred to the circuit court"); S.C. Code Ann. § 22-3-30 (2007) ("When a counterclaim is filed which if successful would exceed the civil jurisdictional amount as provided in Section 22-3-10, then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit."); Rule 13(j), SCRCP ("In an action brought in a court of limited jurisdiction, in the event the counterclaim . . . is in excess of the jurisdictional amount . . . the action shall be transferred to the circuit court . . . ."). Hopewell timely filed his amended answer and counterclaims because he filed them fifteen days after Spears filed his amended complaint. See Rule 15(a) SCRCP (stating when a plaintiff is permitted to amend his complaint, the defendant "shall plead in response to an amended [complaint] . . . within fifteen days after service of the named amended pleading . . . unless the court otherwise orders" (emphasis added)).^[1]

2. We hold the circuit court did not err in ruling that obstruction of justice is not a civil cause of action in South...