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EBERLY v. ADVANCED FLOORING

Appellate Case No. 2022-001719. Opinion No. 28199.

442 S.C. 656 (2024)

901 S.E.2d 273

Margaret A. EBERLY and Barbara J. Pavelik, Plaintiffs, v. ADVANCED FLOORING & DESIGN DIVISION OF ISI, LLC; Archer Exteriors, Inc.; Crossroads Enterprises, LLC; D.R. Horton, Inc.; East Coast Construction Cleanup Corp.; Hutton's Landscapes, Inc.; Lather Construction SC, Inc.; Lather Construction, Inc.; Professional Drywall & Paint Services, LLC; Professional Exteriors II, LLC; and Valim Construction, LLC, Defendants, Of which D.R. Horton, Inc. is the Petitioner, and Hutton's Landscapes, Inc.; Lather Construction SC, Inc.; and Lather Construction, Inc. are the Respondents.

Supreme Court of South Carolina.

Filed April 24, 2024.

Attorney(s) appearing for the Case

Carl F. Muller, of Carl F. Muller, Attorney at Law, P.A., of Greenville; Thomas Elihue Dudley, III, John T. Crawford, Jr. and Jason Michael Imhoff, of Kenison Dudley & Crawford, LLC, of Greenville, all for Petitioner.

Emily Gifford Lucey, of Richardson Plowden & Robinson, of Mt. Pleasant, and Carmen Vaughn Ganjehsani, of Richardson Plowden & Robinson, of Columbia, both for Respondent Hutton's Landscapes, Inc.; Scott Harris Winograd, Jeffrey A Ross, Philip Paul Cristaldi, III, and Brenten Heath DeShields, all of Ross & Cristaldi, LLC, of Mount Pleasant, for Respondents Lather Construction SC, Inc. and Lather Construction, Inc.

We granted a petition for a writ of certiorari to review an order of the court of appeals dismissing this appeal because the notice of appeal was not timely served. We reverse and remand.

In this case, two plaintiffs filed an action against a home builder—D.R. Horton—and various subcontractors. D.R. Horton filed cross...

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