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WELLS FARGO BANK, NA v. SMITH

No. 4988.

398 S.C. 487 (2012)

730 S.E.2d 328

WELLS FARGO BANK, NA, Respondent, v. Michael SMITH; South Carolina Department of Motor Vehicles; M & T Properties, Inc.; State of South Carolina; Arthur State Bank; South Carolina Department of Probation, Pardon and Parole Services, Defendants, of whom Michael Smith is the Appellant.

Court of Appeals of South Carolina.

Filed June 13, 2012.

Rehearing Denied August 8, 2012.

Attorney(s) appearing for the Case

Susan P. Ingles , of South Carolina Legal Services, of Greenville, for Appellant Michael Smith.

Sean Matthew Foerster , of Rogers Townsend & Thomas, PC, of Columbia, for Respondent Wells Fargo Bank.

WILLIAMS, J.

Michael Smith ("Smith") appeals the Master-in-Equity's ("Master") grant of Wells Fargo Home Mortgage, Inc.'s1 ("Wells Fargo") motion to strike the jury demand. We affirm in part, reverse in part, and remand for further proceedings.

FACTS/PROCEDURAL HISTORY

On April 29, 2003, Smith gave a Fixed Rate Note ("Note") to Wells Fargo in the amount of $83,000. To secure payment of the Note, Smith gave Wells Fargo...

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