DOCKSIDE ASSOCIATION, INC. v. DETYENS, SIMMONS & CARLISLE

88-MO-103

297 S.C. 91 (1988)

374 S.E.2d 907

DOCKSIDE ASSOCIATION, INC., Respondent v. DETYENS, SIMMONS & CARLISLE, a South Carolina Limited Partnership; William J. Detyens, a/k/a W.J. Detyens; Harold Simmons; William A. Carlisle, a/k/a W.A. Carlisle, as its general partner and individually; McDevitt & Street, Inc., C.E. Maguire, Inc., successor in interest to Lyles, Bissett, Carlisle & Wolfe, Inc., Defendants. McDEVITT & STREET, INC., Defendant and Third-Party Plaintiff v. MAXSON-BETTS CO., Seth Lumber Company, Inc. The Bonitz Insulation Co. of South Carolina and Williams Contracting, Inc., Third-Party Defendants, of whom McDevitt & Street, Inc., and C.E. Maguire, Inc., successor in interest to Lyles, Bissett, Carlisle & Wolfe, Inc., are Appellants, and Detyens, Simmons & Carlisle, a South Carolina Limited Partnership, William J. Detyens, a/k/a W.J. Detyens, Harold Simmons, William A. Carlisle, a/k/a W.A. Carlisle, as its general partner and individually, are Respondents. Appeal of McDEVITT & STREET, INC. and C.E. Maguire, Inc., successor in interest to Lyles, Bissett, Carlisle & Wolfe, Inc.,

Court of Appeals of South Carolina.

Decided October 28, 1988.


Attorney(s) appearing for the Case

Morris D. Rosen of Rosen, Rosen & Hagood, and William H. Grimball of Grimball & Cabaniss, Charleston, for appellants.

W.H. Bundy, Jr., A. Arthur Rosenblum, Harvey M. Spar of Shimel, Ackerman, Theos & Spar, and T.E. Pederson, Charleston, and Russell H. Putnam, Jr., Columbia, for respondents.

John U. Bell, III of Nelson, Mullins, Grier & Scarborough, Jeter E. Rhodes, Jr., of Whaley, McCutchen, Blanton & Rhodes, and David B. Betts, Columbia, for third-party defendants.


Submitted Sept. 21, 1988.

Decided Oct. 28, 1988.

Per Curiam:

This case is before us for the second time on appeal. In our prior decision, we reversed the overruling of demurrers of McDevitt & Street and C.E. Maguire. See Dockside Association, Inc. v. Detyens, Simmons, and Carlisle, 285 S.C. 565, 330 S.E.2d 537 (Ct. App. 1985...

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