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HITE v. THOMAS & HOWARD CO. OF FLORENCE, INC.

23458

305 S.C. 358 (1991)

409 S.E.2d 340

Louis C. HITE, Respondent v. THOMAS & HOWARD COMPANY OF FLORENCE, INC., (now known as Thomas & Howard Company, Inc., by virtue of a name change), Thomas & Howard of Columbia, Inc., (previously known as Thomas & Howard Company, Inc.), David R. Clark, W.E. Monroe, T.H. Timberlake, J.E. Timberlake, III, R.H. Guy, Ken Wagener, Helen T. Monroe, Mary E. Timberlake, Josephine T. Clark, L.F. Timberlake, and T.H. Timberlake, as trustees for M.F. Timberlake, Ann S. Timberlake, Thomas H. Timberlake, Jr., Margaret M. Timberlake, James H. Monroe, Betty S. Monroe, William P. Monroe and J. Wilbur Clark, Jr., Appellants.

Supreme Court of South Carolina.

Decided August 12, 1991.

Attorney(s) appearing for the Case

William R. Taylor and Pope D. Johnson, III, Whaley, McCutchen, Blanton and Rhodes and John P. Freeman, Columbia, for appellants.

S. Porter Stewart, McGown, Keller, Eaton and Stewart, John Munford Scott, Jr., Scott & Associates, and Carrington Salley Baker, Florence, for respondent.

Heard June 13, 1991.

Decided Aug. 12, 1991.

GREGORY, Chief Justice:

This is an action by a minority shareholder of a corporation alleging various causes of action against the majority shareholder. Appellants moved to dismiss the complaint under Rule 12(b)(6), SCRCP, and now appeal the denial of that motion. We affirm in part, reverse in part, and remand.

The threshold issue is whether this Court will consider this interlocutory appeal. Ordinarily...

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