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SEA ISLAND FOOD v. YASCHIK DEVELOPMENT

Opinion No. 5794.

433 S.C. 278 (2021)

857 S.E.2d 902

SEA ISLAND FOOD GROUP, LLC, d/b/a Squeeze, Plaintiff, v. YASCHIK DEVELOPMENT COMPANY, INC., d/b/a Yaschik Enterprises, Hilton Smith, East Bay Company, Ltd., Michael J. Quillen Family Limited Partnership, Defendants. Michael J. Quillen Family Limited Partnership, Third-Party Plaintiff, v. Top of the Bay, LLC, Third-Party Defendant. Top of the Bay, LLC, d/b/a Club Light, Fourth-Party Plaintiff, Respondent, v. Yaschik Development Company, Inc., d/b/a Yaschik Enterprises, Fourth-Party Defendant, Appellant.

Court of Appeals of South Carolina.

Filed January 27, 2021.

Withdrawn, Substituted and Refiled May 12, 2021.

Attorney(s) appearing for the Case

E. Brandon Gaskins , of Moore & Van Allen, PLLC, and Robert Ernest Sumner, IV , of Butler Snow, LLP, both of Charleston; and Charles Robert Scarminach , of Atlanta GA, all for Appellant.

W. Tracy Brown , of The Brown Law Firm, of Summerville, and William Koatesworth Swope , of The Swope Law Firm, PA, of Charleston, for Respondent.

This case arose out of a building owner's decision to terminate the building's master lease after a fire. It comes to us presenting two issues. The first is whether a subtenant has an intentional interference with contract claim against the owner if the owner's wrongful declaration that the building was "totally destroyed" interfered...

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