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WACHOVIA BANK v. BLACKBURN

No. 4874.

394 S.C. 579 (2011)

716 S.E.2d 454

WACHOVIA BANK, National Association, Respondent, v. William E. BLACKBURN, Judith Blackburn, Tammy S. Winner, Watson E. Felder, Gary F. Ownbey, and South Island Plantation Association, Inc., Defendants, Of Whom William E. Blackburn and Judith Blackburn are, Appellants.

Court of Appeals of South Carolina.

Decided August 24, 2011.

Rehearing Denied October 21, 2011.

Attorney(s) appearing for the Case

Glenn V. Ohanesian , of Myrtle Beach, for Appellant.

Robert C. Byrd and Krista McGuire , both of Charleston, for Respondent.

LOCKEMY, J.

In this mortgage foreclosure action, William and Judith Blackburn appeal the circuit court's order granting Wachovia's motion to strike their jury trial demand. We affirm in part and reverse in part.

FACTS/PROCEDURAL BACKGROUND

On February 14, 2006, William Blackburn delivered a promissory note (the note) to Wachovia in the amount of $463,967 to finance the purchase of "investment property" (the property) in South Island Plantation, a...

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