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BODDIE NOELL PROPERTIES v. 42 MAGNOLIA

No. 25569.

352 S.C. 437 (2002)

574 S.E.2d 726

BODDIE-NOELL PROPERTIES, INC., Respondent, v. 42 MAGNOLIA PARTNERSHIP and Robert Mundy, Defendants, Of whom 42 Magnolia Partnership is Petitioner.

Supreme Court of South Carolina.

Decided December 16, 2002.

Rehearing Denied January 24, 2003.

Attorney(s) appearing for the Case

Thornwell F. Sowell, of Sowell Gray Stepp & Laffitte, L.L.C., of Columbia, for Petitioner.

Mark W. Hardee, of Lewis, Babcock & Hawkins, L.L.P., of Columbia, for Respondent.

Justice WALLER:

We granted a writ of certiorari to review the Court of Appeals' opinion in Boddie-Noell Properties, Inc. v. 42 Magnolia Partnership, 344 S.C. 474, 544 S.E.2d 279 (Ct.App.2000). We affirm as modified.

PROCEDURAL BACKGROUND

Respondent Boddie-Noell Properties, Inc. (BNP) sued petitioner 42 Magnolia Partnership (the Partnership) and Robert Mundy

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