CLARKE v. FINE HOUSING, INC.

Opinion No. 28126.

438 S.C. 174 (2023)

882 S.E.2d 763

Barry CLARKE, Petitioner, v. FINE HOUSING, INC. and RRJR, L.L.C., Defendants, of which Fine Housing, Inc. is the Respondent.

Supreme Court of South Carolina.

Filed January 4, 2023.

Rehearing Denied February 10, 2023.


Attorney(s) appearing for the Case

Thomas R. Goldstein , of Belk, Cobb, Infinger & Goldstein, P.A., of North Charleston , and Ashley G. Andrews , of LaFond Law Group, P.A., of Charleston, for Petitioner.

W. Cliff Moore III and Kirby D. Shealy III , both of Adams and Reese, LLP, of Columbia, for Respondent.


Barry Clarke brought this action for specific performance of a right of first refusal. The trial court ruled for Clarke and ordered Fine Housing, Inc. to convey certain real property to Clarke. The court of appeals reversed, holding the right of first refusal is unenforceable. Clarke v. Fine Housing, Inc.,

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