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JUSTICE v. THE PANTRY

No. 24972.

335 S.C. 572 (1999)

518 S.E.2d 40

Jay JUSTICE, Respondent, v. THE PANTRY, Hot Spot, R.L. Jordan, Short Stop, Thomas Reagan, Li'l Cricket Food Stores, Gordon Zuber, The Dugout, Mid-South, Inc., Fuel City Number 61, Briar Patch, Jerry Matheson, Aladdins, Mary Heatherly, Thirty Something, Gene Lamb & Mary Alice Lamb, Highway Number 9 Auto Stop, & Steve West, Petitioners.

Supreme Court of South Carolina.

Decided July 13, 1999.

Attorney(s) appearing for the Case

John J. McCauley, of Breibart, McCauley & Newton, P.A., of Lexington, for Petitioner The Pantry. H. Buck Cutts, of Surfside, for Petitioner Mid-South, Inc., d/b/a The Dugout. Dwight F. Drake, C. Mitchell Brown, & Zoe Sanders Nettles, all of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, for all other petitioners.

Christopher G. Isgett, of Lee, Eadon, Isgett, & Popwell, of Columbia, for respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

BURNETT, Justice:

This Court granted certiorari to review the Court of Appeals' opinion in Justice v. The Pantry, 330 S.C. 37, 496 S.E.2d 871 (Ct.App.1998).1 We affirm as modified.

FACTS

Respondent filed two lawsuits against petitioners under...

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