Kummer v. Malpeli

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Scott A. Kummer,       
Appellant,

v.

John C. Malpeli, III,       
Respondent.

Appeal From York County

Paul E. Short, Jr., Circuit Court Judge

John Buford Grier, Master-in- Equity

Unpublished Opinion No. 2003-UP-536

Submitted August 13, 2003 – Filed September
10, 2003

AFFIRMED

Scott A. Kummer, of Clover, for Appellant.

Demetri K. Koutrakos, of Columbia, for Respondent.

PER CURIAM:  Scott Kummer filed suit against
his landlord, John Malpeli, claiming Malpeli violated terms of the lease agreement. 
Kummer appeals:  (1) the circuit court’s order dismissing his complaint for
failure to prosecute and (2) the master-in-equity’s order dismissing his complaint
on the basis of res judicata.  We affirm [1] pursuant to Rule 220(b)(2), SCACR
and the following authorities:  Town of Sullivan’s Island v. Felger,
318 S.C. 340, 344, 457 S.E.2d 626, 628 (Ct. App. 1995) (“Under the doctrine
of res judicata, a final judgment on the merits in a prior action
will preclude the parties and their privies from re-litigating any issues actually
litigated or those that might have been litigated in the first action.”); see
also Plum Creek Dev. Co. v. City of Conway, 334 S.C. 30, 34,
512 S.E.2d 106, 109 (1999) (“Res judicata bars subsequent actions by the same
parties when the claims arise out of the same transaction or occurrence that
was the subject of a prior action between those parties.”); Riedmand Corp.
v. Greenville Steel Structures Inc., 308 S.C. 467, 469, 419 S.E.2d 217,
218 (1992) (“To establish res judicata, three elements must be
shown:  (1) identity of the parties; (2) identity of the subject matter; and
(3) adjudication of the issue in the former suit.”).

AFFIRMED.

STILWELL, HOWARD, and KITTREDGE, JJ., concur.

[1]
       We decide this case without oral argument pursuant to Rule 215, SCACR.