Tidelands Bank v. J.R. Gregory Ventures

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
Tidelands Bank, Respondent,
v.
J.R. Gregory Ventures, LLC, Marilyn T. Schmitt and The
Meridian Owners Association, Inc., Defendants,
Of whom J.R. Gregory Ventures, LLC and Marilyn T.
Schmitt are the Appellants.
Appellate Case No. 2014-001733
Appeal From Charleston County
Mikell R. Scarborough, Master-in-Equity
Unpublished Opinion No. 2015-UP-398
Submitted July 1, 2015 – Filed August 12, 2015
AFFIRMED
Peter Gerard McGrath and Matthew Evan Pecoy, both of
McGrath Law Firm, PA, of Mount Pleasant, for
Appellants.
W. Gregory Pearce, Sr. and Joseph Timothy Belton, both
of Moore & Van Allen, PLLC, of Charleston, for
Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Fleming v. Rose, 350 S.C. 488, 493, 567 S.E.2d 857, 860 (2002)
("When reviewing the grant of summary judgment, the appellate court applies the
same standard applied by the trial court pursuant to Rule 56(c), SCRCP."); id.("Summary judgment is appropriate when there is no genuine issue of material fact
such that the moving party must prevail as a matter of law."); TranSouth Fin.
Corp. v. Cochran, 324 S.C. 290, 294, 478 S.E.2d 63, 65 (Ct. App. 1996) ("A
guaranty is a contract and should be construed based on the language used by the
parties to express their intention."); Klutts Resort Realty, Inc. v. Down'Round Dev.
Corp., 268 S.C. 80, 87-88, 232 S.E.2d 20, 24 (1977) (stating an individual who
executes a corporate contract that contains a personal promise is not relieved from
personal liability by adding to his name a term such as "director," "president," or a
similar title); id. at 90, 232 S.E.2d at 25 ("To relieve the signer personally it must
appear from the whole instrument or competent testimony, where parol evidence is
admissible, that the instrument was intended to be the contract of the principal and
not that of the agent.").
AFFIRMED.1
SHORT, LOCKEMY, and MCDONALD, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.