PALMETTO POINTE v. ISLAND POINTE

Appellate Case No. 2019-001790 Opinion No. 5996.

440 S.C. 190 (2023)

890 S.E.2d 603

PALMETTO POINTE AT PEAS ISLAND CONDOMINIUM PROPERTY OWNERS ASSOCIATION, INC. and Jack Love, individually, and on behalf of all others similarly situated, Plaintiffs, v. ISLAND POINTE, LLC; Complete Building Corporation; Tri-County Roofing, Inc.; Creekside, Inc.; American Residential Services, LLC d/b/a ARS/Rescue Rooter Charleston; Andersen Windows, Inc.; Atlantic Building Construction Services, Inc., n/k/a Atlantic Construction Services, Inc.; Builder Services Group, Inc. d/b/a Gale Contractor Services; Novus Architects, Inc., f/k/a SGM Architects, Inc.; Tallent and Sons, Inc.; WC Services, Inc.; CRG Engineering, Inc.; CertainTeed Corporation; Kelly Flooring Products, Inc., d/b/a Carpet Baggers; Cornerstone Construction and Mark Malloy d/b/a Cornerstone Construction; Miracle Siding, LLC and Wilson Lucas Sales d/b/a Miracle LLC; Mark Palpoint a/k/a Micah Palpoint; Elroy Alonzo Vasquez; Chris a/k/a John Doe 61; Alderman Construction; Stanley's Vinyl Fence Designs; Cohen's Drywall Company, Inc.; Mosely Concrete; H and A Framing Construction, LLC a/k/a H&A Framing Construction, LLC and d/b/a H and A Framing, LLC, H&A Construction, and Hand A Construction; JMC Construction, Inc., JMC Construction, LLC, John Doe 1-15, Defendants, of which Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack Love, individually, and on behalf of all others similarly situated are the Respondents, and Tri-County Roofing, Inc. is the Appellant.

Court of Appeals of South Carolina.

Filed June 28, 2023.

Rehearing Denied August 10, 2023.


Attorney(s) appearing for the Case

Christian Stegmaier and James Lloyd Williams , both of Collins & Lacy, PC, of Columbia, for Appellant.

Stephanie D. Drawdy and Joshua Fletcher Evans , both of Justin O'Toole Lucey, P.A., of Summerville; Edward D. Buckley, Jr. , of Clement Rivers, LLP, of Charleston; and Anna Scarborough McCann and Justin O'Toole Lucey , both of Justin O'Toole Lucey, P.A, of Mount Pleasant, all for Respondents.


In this condominium construction defect case, subcontractor defendant Tri-County Roofing, Inc. (TCR) appeals the trial court's decision regarding setoff. TCR contends the trial court erred in not setting off the entirety of a posttrial settlement between the plaintiffs and codefendant general...

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