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BARNACLE BROADCAST. v. BAKER BROADCAST.

No. 3252.

343 S.C. 140 (2000)

538 S.E.2d 672

BARNACLE BROADCASTING, INC., Respondent, v. BAKER BROADCASTING, INC., Appellant.

Court of Appeals of South Carolina.

Decided October 9, 2000.

Rehearing Denied January 8, 2001.

Attorney(s) appearing for the Case

John P. Linton, Julie O. Medich, and Martin C. McWilliams, Jr., all of Sinkler & Boyd, of Charleston; and W. Brantley Harvey, III, and Thomas A. Holloway, both of Harvey & Battey, of Beaufort, for appellant.

James C. Gray, Jr., and Elizabeth Scott Moise, both of Nelson, Mullins, Riley & Scarborough, of Columbia; and V.M. Manning Smith, of Moss & Kuhn, of Beaufort, for respondent.

HUFF, Judge:

In this declaratory judgment action, Baker Broadcasting, Inc. appeals the trial court's determination that Baker's Asset Purchase Agreement with Barnacle Broadcasting, Inc. was an option contract and the option had terminated entitling Barnacle to the return of the assets. We reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

On April 27, 1995, Baker entered into an Asset Purchase Agreement (referred to by the parties as the APA) with...

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