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WALLER v. SEABROOK ISL. PROP. OWN. ASSOC.

23144

300 S.C. 465 (1990)

388 S.E.2d 799

E.C.M. WALLER and Adelaide Waller, on behalf of themselves and all other similarly situated property owners in the Seabrook Island Development in the County of Charleston, State of South Carolina, Appellants v. SEABROOK ISLAND PROPERTY OWNERS ASSOCIATION, Respondent.

Supreme Court of South Carolina.

Decided January 22, 1990.

Attorney(s) appearing for the Case

J. Randolph Pelzer of Pelzer & Associates, P.A., Charleston, for appellants.

Wade H. Logan, III, of Holmes & Thomson, Charleston, for respondent.

Heard Dec. 6, 1989.

Decided Jan. 22, 1990.

HARWELL, Justice:

This case involves the issue of whether the trial judge erred in failing to certify appellants' action as a class action under Rule 23(a), SCRCP.

FACTS

At the time of the original action was commenced, appellants E.C.M. Waller and Adelaide Waller were residents of Seabrook Island, a private residential community. Appellants as well...

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