Patel v. Grabara ( 2012 )

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 Court of Appeals
Shaul Levy and Meir Levy, Respondents,
v.
Arkaduisz Grabara, Bhupendra
Patel, and Harry Pavilack, Defendants,
Of whom Bhupendra Patel is the Appellant.
__________
Appeal From Georgetown County
Benjamin H. Culbertson, Circuit Court Judge
__________
Unpublished Opinion No. 2012-UP-430
Submitted June 1, 2012 – Filed July 18, 2012
__________
AFFIRMED
__________
William W. DesChamps, Jr., of DesChamps Law Firm,
of Myrtle Beach, for Appellant.
Henrietta U. Golding and Dan V. Butler, of McNair Law
Firm, both of Myrtle Beach, for Respondents.
PER CURIAM: Bhupendra Patel appeals the trial court's order denying his
request for relief from judgment under Rule 60(b), SCRCP, arguing the trial court
erred in finding (1) the statutory requirements for the judgment by confession
pursuant to section 15-35-360 of the South Carolina Code (2005) were met and (2)
Patel was not entitled to relief for Harry Pavilack's failure to uphold his fiduciary
duty and attorney-client relationship with Patel by not informing Patel of the
contents of the document Patel signed. We affirm.1
We find the statutory requirements for the judgment by confession were met.
Section 15-35-360 of the South Carolina Code (2005) establishes the requirements
for a judgment by confession and provides that "[b]efore a judgment by confession
shall be entered a statement in writing must be made and signed by the defendant
and verified by his oath . . . " (emphasis added). The written judgment by
confession contains Patel's signature, which he does not dispute. Additionally, the
judgment by confession contains a verification of statement at the end of the
document providing that Patel was duly sworn and affirming that the judgment by
confession was true. Furthermore, the verification statement was notarized by
Cheryl Thorn after she witnessed Patel signing the document. Thus, we find
Patel's judgment by confession was verified by his oath. Accordingly, the statutory
requirements were met.
Patel also argues the trial court erred in finding Patel was not entitled to relief for
Pavilack's failure to uphold his fiduciary duty and attorney-client relationship with
Patel. We find the trial court did not err in finding that Patel was not entitled to
relief on these grounds. See Motley v. Williams, 374 S.C. 107, 112, 647 S.E.2d
244, 247 (Ct. App. 2007) ("Any communication failure or mistake on the part of an
attorney is directly attributable to his client."); id. (noting a party cannot set aside a
settlement agreement signed pursuant to attorney's erroneous legal advice).
Moreover, Patel contends that he should be entitled to relief because he believed he
was a signing a document releasing him from future liability. We find this
argument without merit. Patel cannot be relieved from liability for the failure to
read the judgment by confession. See Regions Bank v. Schmauch, 354 S.C. 648,
663, 582 S.E.2d 432, 440 (Ct. App. 2003) ("A person who signs a contract or other
written document cannot avoid the effect of the document by claiming he did not
read it. A person signing a document is responsible for reading the document and
making sure of its contents." (citations omitted)). Moreover, the document is
clearly titled "judgment by confession" and the verification of statement also
identifies the document as a "judgment by confession."
AFFIRMED.
FEW, C.J., and HUFF and SHORT, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.