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GRAZIA v. S.C. STATE PLASTERING

No. 26882.

390 S.C. 562 (2010)

703 S.E.2d 197

Anthony and Barbara GRAZIA, individually and on behalf of all other similarly situated Plaintiffs, Appellants, v. SOUTH CAROLINA STATE PLASTERING, LLC, Respondent, and South Carolina State Plastering, LLC, Respondent, v. Del Webb Communities, Inc., Pulte Homes, Inc. and Kephart Architects, Inc., Third-Party Defendants, Of Whom Del Webb Communities, Inc. and Pulte Homes, Inc., are Respondents.

Supreme Court of South Carolina.

Decided October 4, 2010.

Rehearing Denied January 20, 2011.

Attorney(s) appearing for the Case

John T. Chakeris , of Chakeris Law Firm, of Charleston, Phillip Ward Segui , of Segui Law Firm, of Mt. Pleasant, W. Jefferson Leath, Jr. , and Michael S. Seekings , of Leath, Bouch & Crawford, LLP, both of Charleston, for Appellants.

A. Victor Rawl, Jr. , and Robert L. Widener , of McNair Law Firm, PA, Everett A. Kendall, II and Christy E. Mahon , both of Sweeny Wingate & Barrow, PA, all of Columbia, for Respondents.

Justice HEARN.

Anthony and Barbara Grazia appeal the circuit court's grant of a motion to strike class allegations from their complaint. The Grazias contend the circuit court erred in finding the Notice and Opportunity to Cure Construction Dwelling Defect Act is in conflict with the State's class action lawsuit jurisprudence under Rule 23, SCRCP. We agree and reverse.

FACTUAL/PROCEDURAL BACKGROUND

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