GOODWIN v. LANDQUEST DEVELOPMENT, LLC

No. 5342.

414 S.C. 623 (2015)

779 S.E.2d 826

John Steven GOODWIN, Louise C. Goodwin, Thomas I. Puckett, Brenda C. Puckett, Robert Nahama, Jeanne E. Nahama, Thomas Holland, Sharon Louise Holland, Joyce C. Sobel, Robert W. Waruszewski, Richard N. Taylor, Robert K. Spillers (a/k/a Robert Spillers), Deborah T. Spillers (a/k/a Deborah Spillers), Patrick A. DiAngelo, Deborah A. DiAngelo, Gary E. Owens, Joyce M. Owens, Fount L. Shults, Lynda M. Shults, Dennis Ridgeway, and Teresa Lynn Ridgeway, Plaintiffs, Of whom John Steven Goodwin, Louise C. Goodwin, Gary E. Owens, and Joyce M. Owens are the Appellants, v. LANDQUEST DEVELOPMENT, LLC, Kyle C. Corkum, South Bay Properties, LLC, C.R. Thompson and Sons, LLC, Ronald L. Charlton, Bonnie N. Charlton, James R. Charlton, Bayside Property, Inc., The City of Georgetown, Hartford Casualty Insurance Company, Hartford Fire Insurance Company, and National Land Sales, Inc., f/k/a Source One Communities, LLC, a/k/a Source One Signature Communities, Defendants, Of whom Ronald L. Charlton, Bonnie N. Charlton, James R. Charlton, Bayside Property, Inc., The City of Georgetown, Hartford Casualty Insurance Company, and Hartford Fire Insurance Company are the Respondents.

Court of Appeals of South Carolina.

Decided August 12, 2015.

Rehearing Granted December 16, 2015.

Withdrawn, Substituted and Refiled December 16, 2015.


Attorney(s) appearing for the Case

K. Douglas Thornton , of Conway, and John M. Leiter , Law Offices of John M. Leiter, PA, of Myrtle Beach, for appellants.

Charles T. Smith , of Georgetown, for respondents.

Ronald L. Charlton , Bonnie N. Charlton , James R. Charlton , and Bayside Property, Inc.; Andrew F. Lindemann , Davidson & Lindemann, PA, of Columbia, and Elise Freeman Crosby , Crosby Law Firm, LLC, of Georgetown, for respondent.

The City of Georgetown; Lawrence Michael Hershon and James Lynn Werner , Parker Poe Adams & Bernstein, LLP, both of Columbia, for respondents. Hartford Casualty Insurance Company and Hartford Fire Insurance Company.


John and Louise Goodwin and Gary and Joyce Owens appeal the circuit court's refusal to restore their case to the docket after it was "stricken" due to one defendant's bankruptcy. The circuit court denied the motion to restore the case on the ground the case was barred by the statute of limitations. We hold that because the Goodwins and...

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