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WACHOVIA BANK, NAT. ASS'N v. BLACKBURN

No. 27359.

407 S.C. 321 (2014)

755 S.E.2d 437

WACHOVIA BANK, NATIONAL ASSOCIATION, Petitioner, 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; Judith Blackburn are, Respondents, v. Winyah Bay Holdings, LLC; Source One Properties, LLC; and Waterpointe Realty, LLC, Third Party Defendants.

Supreme Court of South Carolina.

Decided February 26, 2014.

Rehearing Denied April 2, 2014.

Attorney(s) appearing for the Case

Robert C. Byrd and Alyson Smith Podris , both of Parker, Poe, Adams, & Bernstein, LLP, both of Charleston, for Petitioner.

Glenn V. Ohanesian , of Ohanesian & Ohanesian, of Myrtle Beach, for Respondents.

Chief Justice TOAL.

Wachovia Bank, National Association (Wachovia), appeals the court of appeals' decision reversing the circuit court's determination that William and Judith Blackburns' (collectively, Respondents) counterclaims in a mortgage foreclosure suit were within the scope of a jury trial waiver signed by Respondents. We reverse in part and affirm in part.

FACTS/PROCEDURAL BACKGROUND

On July 23, 2005, Winyah Bay Holdings, LLC (the Seller...

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