1. Home
  2. Browse Decisions
  3. S.C.
  4. 404 S.C.
  5. 404 S.C. 198 (2013)
 

PENZA v. PENDLETON STATION, LLC

No. 5124.

404 S.C. 198 (2013)

743 S.E.2d 850

Angelo PENZA, Appellant, v. PENDLETON STATION, LLC, Diana L. Zellner, Trustee for the Diana L. Zellner Revocable Trust, Ursula Lesser, Roger Rowe, Benjamin L. Daniel, Sr., GrandSouth Bank, Enterprise Bank, Thomas M. Daniel, and Engineered Concrete Structures, Inc., Defendants, Of whom Enterprise Bank is the Respondent.

Court of Appeals of South Carolina.

Decided May 1, 2013.

Attorney(s) appearing for the Case

David Richard Price, Jr. , of David R. Price, Jr., P.A., of Greenville, for Appellant.

W. Cliff Moore, III and Shaun C. Blake , both of Ellis Lawhorne & Sims, P.A., of Columbia; Thomas Elihue Dudley, III , and M. Stokely Holder , both of Kenison Dudley & Crawford, LLC, of Greenville, for Respondent.

KONDUROS, J.

Angelo Penza contends the master erred in granting partial summary judgment to Enterprise Bank (the Bank) because there was a question of fact as to whether his mortgage was intended to cover Tract A in addition to Tract B. He also argues the master's order essentially reformed the original mortgage, which was error because before an instrument may be reformed there must be a showing of mutual mistake. We reverse and remand.

FACTS/PROCEDURAL...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases