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GECY v. SOMERSET POINT AT LADY'S ISLAND

Opinion No. 5622.

426 S.C. 540 (2019)

828 S.E.2d 73

Benjamin C. GECY, River City Developers, LLC and River City Real Estate, LLC, Appellants, v. SOMERSET POINT AT LADY'S ISLAND HOMEOWNERS ASSOCIATION, INC., f/k/a Coosaw River Estates Homeowners Association, LLC; Hilton C. Smith, Jr., Coosaw Investments, LLC; Hilton C. Smith Jr., Inc. of South Carolina and Manorhouse Builders of South Carolina, LLC, Defendants, Of which Hilton C. Smith, Jr., Coosaw Investments, LLC, and Hilton C. Smith, Jr., Inc. of South Carolina are Respondents.

Court of Appeals of South Carolina.

Filed January 30, 2019.

Withdrawn, Substituted, and Refiled April 24, 2019.

Attorney(s) appearing for the Case

William G. Jenkins, Jr. , of Jenkins, Esquivel & Fuentes, P.A., of Hilton Head Island, for Appellants.

Morgan S. Templeton , Graham Pollock Powell , William Wharton Watkins Jr. , and John Joseph Dodds, IV , all of Wall Templeton & Haldrup, PA, of Charleston; Duke Raleigh Highfield and Jeffrey J. Wiseman , both of Young Clement Rivers, of Charleston; and Ernest Mitchell Griffith and Kelly Dennis Dean , both of Griffith Freeman & Liipfert, LLC, of Beaufort, for Respondents.

In this civil case, Benjamin C. Gecy, River City Developers, LLC, and River City Real Estate, LLC (collectively, River City) appeal the circuit court's order granting partial summary judgment to Hilton C. Smith, Jr., Coosaw Investments, LLC, and Hilton C. Smith, Jr., Inc. of South Carolina (collectively, Coosaw) on River City's malicious...

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