BANK OF NEW YORK v. SUMTER COUNTY

No. 26794.

387 S.C. 147 (2010)

691 S.E.2d 473

The BANK OF NEW YORK, as Trustee for the Holders of EQCC Asset Backed Certificates, Series 2001-1F, Respondent/Appellant, v. SUMTER COUNTY, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, of whom Sumter County, South Carolina is, Appellant/Respondent, and South Carolina Judicial Department is, Respondent. Branch Banking and Trust Company, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, of whom Sumter County, South Carolina is, Appellant/Respondent, and South Carolina Judicial Department is, Respondent. Branch Banking and Trust Company, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, of whom Sumter County, South Carolina is, Appellant/Respondent, and South Carolina Judicial Department is, Respondent. Deutsche Bank National Trust Company, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2003, Morgan Stanley Dean Witter Capital 1, Inc., Trust 2003-NC3, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, of whom Sumter County, South Carolina is, Appellant/Respondent, and South Carolina Judicial Department is, Respondent. GMAC Mortgage, LLC, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, of whom Sumter County, South Carolina is, Appellant/Respondent, and South Carolina Judicial Department is, Respondent.

Supreme Court of South Carolina.

Decided March 29, 2010.


Attorney(s) appearing for the Case

William H. Davidson, II, and Andrew F. Lindemann, both of Davidson & Lindemann, of Columbia, for Appellant/Respondent Sumter County.

Gerald M. Finkel, Sean A. O'Connor, and Brendan P. Langendorfer, all Finkel & Altman, of Charleston, for Respondent/Appellant GMAC Mortgage Corporation.

Robert P. Wood, of Rogers Townsend & Thomas, of Columbia, for Respondents/Appellants Bank of New York, Branch Banking & Trust Co., and Deutsche Bank.

T. Parkin Hunter and Jonathan B. Williams, both of Office of the Attorney General, of Columbia, for Respondent South Carolina Judicial Department.

Robert E. Lyon, Jr., General Counsel, and M. Clifton Scott, Sr., Staff Attorney, both of Columbia, for Amicus Curiae South Carolina Association of Counties.


PER CURIAM.

These appeals are from an order granting the South Carolina Judicial Department (SCJD) summary judgment in five consolidated tort suits brought by lending institutions (Lenders)1 that lost foreclosure proceeds as the result of embezzlement by defendant Holloman, at the time an employee of the Sumter County Master-in-Equity's office. The former Sumter County Master who employed Holloman, Linwood Evans

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