SCE&G v. Anson Construction ( 2017 )

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
South Carolina Electric & Gas Co., Respondent,
v.
Anson Construction Co., Inc., Petitioner.
Appellate Case No. 2015-001456
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal from Charleston County
J. C. Nicholson, Jr., Circuit Court Judge
Memorandum Opinion No. 2017-MO-003
Heard January 11, 2017 – Filed March 1, 2017
REVERSED AND REMANDED
Everett A. Kendall, II, of Sweeny, Wingate & Barrow,
P.A., and James Eric Cavanaugh, both of Columbia, for
Petitioner.
John A. Massalon and I. Ryan Neville, both of Wills
Massalon & Allen, LLC, of Charleston, for Respondent.
PER CURIAM: We granted a writ of certiorari to review the court of appeals'
decision1 affirming the circuit court's grant of summary judgment to Respondent
South Carolina Electric and Gas Co. Having carefully reviewed the record, we are
firmly persuaded there is a genuine issue of material fact regarding the terms of the
parties' contract. Because of this factual dispute, the entry of summary judgment
was improper. See, e.g., Cunningham v. Helping Hands, Inc., 352 S.C. 485, 491,
575 S.E.2d 549, 552 (2003) ("Summary judgment is appropriate only if there is no
genuine issue of material fact and the moving party is entitled to judgment as a
matter of law." (citations omitted)); cf. Zurich Am. Ins. Co. v. Tolbert, 387 S.C.
280, 283, 692 S.E.2d 523, 524 (2010) ("Summary judgment should be denied
where the non-moving party submits a mere scintilla of evidence." (citing Hancock
v. Mid-South Mgmt. Co., 381 S.C. 326, 330, 673 S.E.2d 801, 803 (2009))). The
court of appeals' decision is therefore reversed and this case is remanded to the
circuit court for trial.
REVERSED AND REMANDED.
BEATTY, C.J., KITTREDGE, HEARN, JJ., and Acting Justices Clifton
Newman and Edward W. Miller, concur.
1
S.C. Elec. & Gas Co. v. Anson Constr. Co., Op. No. 2015-UP-248 (S.C. Ct. App.
filed May 13, 2015).