REGIONS BANK v. WINGARD PROPERTIES, INC.

No. 4846.

394 S.C. 241 (2011)

715 S.E.2d 348

REGIONS BANK, Appellant, v. WINGARD PROPERTIES, INC., James T. Wingard, III, Deborah G. Wingard, Klassic Kitchen Design, Inc., Coastal Closets, LLC, Dean Pappas, and Best-Way Insulation of Fairmont, Inc., Defendants, v. Ray Covington, Intervenor, Respondent.

Court of Appeals of South Carolina.

Decided June 22, 2011.


Attorney(s) appearing for the Case

Demetri K. Koutrakos , Stanley H. McGuffin , Louise M. Johnson , and Lindsey Carlberg Livingston , all of Columbia, for Appellant.

Daryl G. Hawkins and Charles E. Usry , both of Columbia, for Respondent.


PIEPER, J.

This appeal arises out of a nonjury trial resulting in an order awarding Respondent Ray Covington a first priority equitable lien superior to the mortgage of Appellant Regions Bank. On appeal, Regions Bank argues it should have priority because Covington's deposit check on his contract with Wingard Properties, Inc. (Wingard) was not cashed prior to the recording of Regions Bank's mortgage. We affirm.

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