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IN RE HORRY COUNTY STATE BANK

No. 3885.

361 S.C. 503 (2004)

604 S.E.2d 723

Ex Parte HORRY COUNTY STATE BANK, Appellant. In re Ken's Cabana, LLC and Winner's World, Inc. both d/b/a Winner's World Tours, a joint venture, Plaintiffs, v. Flemington Properties, LLC, North Myrtle Beach Marine & Boatworks, Inc., Rack Pack, Inc., RAM Corp., Inc., C & B Properties, Inc. and Stardancer Casino, Inc., Defendants, of whom Flemington Properties, LLC and North Myrtle Beach Marine & Boatworks, Inc. are Respondents.

Court of Appeals of South Carolina.

Decided November 1, 2004.

Attorney(s) appearing for the Case

Carroll D. Padgett, of Loris, for Appellant.

Kathryn M. Cook, of N. Myrtle Beach, for Respondents.

ANDERSON, J.:

Horry County State Bank (the Bank) appeals the trial judge's denial of its motion to intervene pursuant to Rule 24(a)(2), SCRCP in a case involving the termination of a nonexclusive easement held by Ken's Cabana, LLC (Ken's Cabana) on which the Bank held a mortgage. Because we find the trial judge did not abuse his discretion in finding the Bank's interest was adequately represented, we affirm.

FACTUAL/PROCEDURAL BACKGROUND

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