Lewallen Automation, LLC v. Lewallen

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Lewallen Automation, LLC, and ASAG Energy, LLC,
Respondents,

v.

Michael Lewallen, and Everworks, LLC, Defendants,

Of whom Michael Lewallen is the Appellant.

Appellate Case No. 2014-002246

Appeal From Greenville County
Charles B. Simmons, Jr., Special Circuit Court Judge

Unpublished Opinion No. 2016-UP-144
Submitted January 1, 2016 – Filed March 30, 2016

DISMISSED

Brian Patrick Murphy, of Stephenson & Murphy, LLC,
of Greenville, for Appellant.

Christine Gantt Sorenson, Sarah Patrick Spruill, and
Denny Parker Major, all of Haynsworth Sinkler Boyd,
PA, of Greenville, for Respondents.
PER CURIAM: We find the question regarding the propriety of the injunction
issued by the circuit court to be moot. See Sloan v. Greenville Cty., 380 S.C. 528,
535, 670 S.E.2d 663, 667 (Ct. App. 2009) ("An appellate court will not pass
judgment on moot and academic questions; it will not adjudicate a matter when no
actual controversy capable of specific relief exists."); see also Mathis v. S.C. State
Highway Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973) ("A case becomes
moot when judgment, if rendered, will have no practical legal effect upon existing
controversy. This is true when some event occurs making it impossible for [the]
reviewing [c]ourt to grant effectual relief.").

DISMISSED.1

FEW, C.J., and KONDUROS and LOCKEMY, JJ., concur.

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