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TESENIAR v. PROF'L PLASTERING & STUCCO

No. 5188.

407 S.C. 83 (2014)

754 S.E.2d 267

Mark F. TESENIAR and Nan M. Teseniar, on behalf of themselves and others similarly situated, and Twelve Oaks at Fenwick Property Owners Association, Inc., Respondents, v. PROFESSIONAL PLASTERING & STUCCO, INC., Maria Arias, and Miquel Rosales, Defendants, Of whom Professional Plastering & Stucco, Inc. is the Appellant. Professional Plastering & Stucco, Inc., Appellant, v. Maria Arias, Miquel Rosales, and APS Enterprises Unlimited, Inc., Third-Party Plaintiffs, Of whom APS Unlimited, Inc. is the Respondent.

Court of Appeals of South Carolina.

Decided January 8, 2014.

Rehearing Denied February 20, 2014.

Attorney(s) appearing for the Case

Jonathan J. Anderson and Danielle Beck Wegener , both of Anderson Reynolds & Stephens, LLC, of Charleston; Everett Augustus Kendall, II , and Christy Elizabeth Mahon , both of Sweeny Wingate & Barrow, PA, of Columbia; for Appellant Professional Plastering & Stucco.

W. Jefferson Leath, Jr. , of Leath Bouch & Seekings, LLP, of Charleston; Phillip Ward Segui, Jr. , of Segui Law Firm, of Mt. Pleasant; John T. Chakeris , of Chakeris Law Firm, of Charleston; Jesse A. Kirchner and Michael A. Timbes , both of Thurmond Kirchner Timbes & Yelverton, PA, of Charleston; Justin O'Toole Lucey , of Mt. Pleasant; all for Respondents Mark F. and Nan M. Teseniar & Twelve Oaks at Fenwick.

Roy Pearce Maybank , Amanda R. Maybank , and Jason Alan Daigle , all of Maybank Law Firm, LLC, of Charleston, for Respondent APS Enterprises.

LOCKEMY, J.

In this civil appeal arising out of the defective construction of an apartment complex, Professional Plastering & Stucco, Inc. (Professional) appeals the jury's verdict in favor of Mark F. Teseniar and Nan M. Teseniar, on behalf of themselves and other similarly situated, and Twelve Oaks at Fenwick Property Owners Association, Inc. (POA) (collectively referred to as Respondents) on the claims of negligence and breach of warranty of workmanlike service...

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