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C&S NATIONAL BANK v. EASTON

23806

310 S.C. 458 (1993)

427 S.E.2d 640

The CITIZENS AND SOUTHERN NATIONAL BANK OF SOUTH CAROLINA, Respondent-Appellant v. Wiley B. EASTON, Sr., Patricia M. Easton and Wiley B. Easton, Jr., Appellants-Respondents.

Supreme Court of South Carolina.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Charles F. Cooper, II, and W. Joseph Moore, Jr., of Cooper, Coffas & Megna, P.A., Columbia, for appellants-respondents.

Richard B. Watson and Thomas E. Lydon, III, of Nelson, Mullins, Riley & Scarborough, P.A., Columbia, for respondent-appellant.

Submitted Jan. 19, 1993.

Decided Feb. 16, 1993.

CHANDLER, Justice:

Appellants-Respondents (Eastons) appeal an Order granting a new trial, issued upon the Circuit Court's own initiative 229 days after judgment. Respondent-Appellant (C&S) has filed a cross-appeal from (1) the denial of its motion for judgment notwithstanding the verdict (JNOV) and (2) the denial of attorneys' fees. We reverse in part, affirm in part, and remand.

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