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KIRKMAN v. PAREX, INC.

No. 26180.

369 S.C. 477 (2006)

632 S.E.2d 854

Theodore H. KIRKMAN and Karen K. Kirkman, Petitioners, v. PAREX, INC., Francis Coaxum, d/b/a Coaxum Stucco, R.E. Miller, Miller Housing, Inc., Miller Development Group, and First Union National Bank of South Carolina, Defendants, of which First Union National Bank of South Carolina is Respondent.

Supreme Court of South Carolina.

Decided July 3, 2006.

Attorney(s) appearing for the Case

John D. Kassel, Theile Branham McVey, and William D. Robertson, III, all of Columbia, for Petitioners.

Thomas E. Lydon, of McAngus Goudelock & Courie, L.L.C., of Columbia, for Respondent.

Justice PLEICONES:

We granted a writ of certiorari to review Kirkman v. Parex, Inc., 356 S.C. 525, 590 S.E.2d 36 (Ct.App.2003), in which the Court of Appeals affirmed the circuit court's grant of summary judgment to Respondent First Union National Bank of South Carolina (First Union). The Court of Appeals held that, as a matter of law, First Union did not impliedly warrant the habitability...

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