Franklin Ventures, LLC v. Jaber

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(D)(2), SCACR. 

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Franklin Ventures, LLC, Respondent,

v.

Shalash Abdel
Jaber, Appellant.

Appeal From Charleston County

 R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No.  2007-UP-531

Submitted November 1, 2007 – Filed
November 14, 2007

AFFIRMED

Steven L. Smith of Charleston, for Appellant.

Thomas L. Harper, Jr., Brendon P. Langendorfer and Helen Ann
Harper, all of Mt. Pleasant, for Respondent.

PER CURIAM:    
Shalash Abdel Jaber appeals from a circuit order order granting summary
judgment against him in a breach of contract action instituted by Franklin
Ventures, LLC.  Jaber  asserts the trial court abused its discretion in not
allowing him to present oral testimony at the summary judgment hearing. We
affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  Humana
Hospital-Bayside v. Lightle, 305 S.C. 214, 216-217, 407 S.E2d 637, 638
(1991) (finding where the non-moving party relies solely upon the pleadings,
files no affidavits, and make no factual showing to oppose summary judgment,
the lower court is required to grant summary judgment, if entitled to it as a
matter of law);  Zabinski v. Bright Acres Assocs., 346 S.C. 580, 601
(2001) (finding that an abuse of discretion occurs where the trial court is
controlled by an error of law or where the trial court’s order is based on
factual conclusions without evidentiary support); Rule 56 SCRCP, (judgment
sought in a motion for summary judgment shall be rendered forthwith if the
pleadings, depositions, answers to interrogatories, and admissions on file,
together with the affidavits, show there is there is no genuine issue as to any
material fact).

AFFIRMED.

HEARN, C.J., and KITTREDGE
and THOMAS, JJ., concur.

[1]  Because oral argument would not aid the court in
resolving the issues on appeal, we decide this case without oral argument
pursuant to Rule 215, SCACR.