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FOLKENS v. HUNT

23129

300 S.C. 251 (1990)

387 S.E.2d 265

Karl A. FOLKENS, Robert H. Moore, and Douglas D. Cooke, as Executors of the Estate of M. Murray McLendon, Jr., Appellants v. J.W. HUNT, Jr., J. W. Hunt, R.L. Davis, W.R. Hunt, B.L. Davis, P.R. Johnson, S.V. Smith and Michael S. Strange, individually and d/b/a J.W. Hunt & Co., a South Carolina General Partnership, Respondents.

Supreme Court of South Carolina.

Decided January 8, 1990.

Attorney(s) appearing for the Case

Ronald E. Boston and Elbert S. Dorn of Turner, Padget, Graham & Laney, P.A., Columbia, R. Wayne Byrd of Turner, Padget, Graham & Laney, P.A., and Karl A. Folkens, Florence, for appellants.

Manton M. Grier, Kirkman Finlay, Jr., and Hamilton Osborne, Jr., of Sinkler & Boyd, P.A., Columbia, for respondents.

Submitted March 21, 1989.

Decided Jan. 8, 1990.

TOAL, Justice:

The dispositive issue in this case is whether the trial judge abused his discretion by invoking the thirteenth juror doctrine and granting the defendants' motion for a new trial absolute. We conclude that there was no abuse and, therefore, affirm.

PROCEDURAL BACKGROUND

M. Murray McLendon, Jr. originally brought this action against the partners of J.W. Hunt & Co. (Hunt...

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