IN RE J.M. SMITH CORP.

No. 25169.

341 S.C. 442 (2000)

535 S.E.2d 131

Ex parte J.M. SMITH CORPORATION, Petitioner. In re Greenwood Petroleum Company, Inc., Respondent, v. Thomas D. Wingard and all personal property and fixtures located at Westside Pharmacy, Defendant.

Supreme Court of South Carolina.

Decided July 10, 2000.

Rehearing Denied August 7, 2000.


Attorney(s) appearing for the Case

Judson K. Chapin, III, of Greenville, for petitioner.

Charles M. Watson, Jr., of Watson Law Firm, of Greenwood, for respondent.

Lloyd I. Hendricks, of Columbia, and Philip T. Lacy, of Columbia, for Amicus Curiae South Carolina Bankers Association.


BURNETT, Justice:

This case concerns a priority dispute between a perfected security interest and a landlord's distress lien. The Court of Appeals held the landlord's lien took priority over the prior perfected security interest. Greenwood Petroleum Co. v. Wingard (Ex parte J.M. Smith Corp.), 330 S.C. 479, 498 S.E.2d 908 (Ct.App.1998). We reverse.

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