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CAROLINA MARINE HANDLING, INC. v. LASCH

No. 3927.

363 S.C. 169 (2005)

609 S.E.2d 548

CAROLINA MARINE HANDLING, INC., Plaintiff, v. Warren Frank LASCH; Duane Grantham; Jack C. Sprott; Richard Lee Tapp, R. Keith Summey, Douglas McKay, III, Robert N. King, Don J. Hayes; W. Kurt Taylor; Gussie C. Greene; Stephen R. Ayer; Samuel L. Hart; A.C. Mitchum; Charlotte Gillespie; Dorothy K. Williams; Phoebe Miller; F. Browne Gregg; City of North Charleston; Charleston Naval Complex Redevelopment Authority; South Carolina State Budget and Control Board; S.C. State Ports Authority; Charleston Shipbuilders, Inc.; Charleston International Projects, Inc.; Charleston International Ports, LLC, Opportunity Research, Inc., Defendants, Charleston Shipbuilders, Inc., Third-Party Plaintiff, v. Herbert R. "Jock" Stender, Third-Party Defendant, Of Whom: Charleston Shipbuilders, Inc. is Appellant, and Carolina Marine Handling, Inc. and Herbert R. "Jock" Stender are Respondents.

Court of Appeals of South Carolina.

Decided January 24, 2005.

Rehearing Denied March 17, 2005.

Attorney(s) appearing for the Case

David J. Parrish and Stephen P. Groves, Sr., both of Charleston, for Appellant.

M. Dawes Cooke, Jr. and John W. Fletcher, both of Charleston, for Respondents.

KITTREDGE, J.

In this breach of contract action involving a non-sealed instrument, the circuit court dismissed Appellant's counterclaim and third party claim on the basis that the claims were barred by the general three-year statute of limitations. S.C.Code Ann. § 15-3-530(1) (Supp.2003). Relying solely on the generic contract provision — "IN WITNESS WHEREOF, the parties have hereunto set their hands and seals" — Appellant seeks to invoke the twenty...

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