Washington v. Stewart ( 2015 )

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. THE STATE OF SOUTH CAROLINA In The Supreme Court Errol Washington, as Personal Representative of the Estate of Danny Washington, Petitioner, v. Alice R. Stewart, Leroy Stewart, Alvin E. Burch, a/k/a Alvin E. Birch, Rudell S. Burch, Sterling Lending Group, Inc., a South Carolina Corporation, Regent Bank, and Wachovia Bank, N.A., Defendants, Of Whom Alice R. Stewart, Leroy Stewart, Alvin E. Burch, a/k/a Alvin E. Birch, Rudell S. Burch and Wachovia Bank, N.A. are the Respondents. Appellate Case No. 2012-213171 ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From Charleston County The Honorable Roger M. Young, Sr., Circuit Court Judge Memorandum Opinion No. 2015-MO-025 Heard April 21, 2015 – Filed May 6, 2015 DISMISSED AS IMPROVIDENTLY GRANTED T. Alexander Beard, of Beard Law Offices, of Mt. Pleasant, and Edward P. Guerard, Jr., of Mt. Pleasant, both for Petitioner. Trudy Hartzog Robertson and Robert Ernest Sumner, IV, both of Moore & Van Allen, PLLC, of Charleston, for Respondent. PER CURIAM: We granted certiorari to review the decision of the Court of Appeals in Washington v. Stewart, Op. No. 2012-UP-420 (S.C. Ct. App. filed July 11, 2012), which affirmed the circuit court's grant of summary judgment for Wachovia Bank on Errol Washington's claims of aiding and abetting a breach of fiduciary duty and negligence. We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.