SEB v. Daniels

CourtListener 10153399ScctappMar 15, 2010

Full text

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

SEB, a South
Carolina Limited Partnership, Appellant,

v.

Thomas Daniels, Respondent.

Appeal From Charleston County

 Mikell R. Scarborough, Master-in-Equity

Unpublished Opinion No. 2010-UP-209

Submitted March 1, 2010 – Filed March 15,
2010   

AFFIRMED

Benjamin Goldberg, of Charleston, for Appellant.

David K. Haller, of Charleston, for Respondent.

PER CURIAM:  SEB, a South Carolina Limited
Partnership, appeals the master-in-equity's dismissal of its complaint with
prejudice.  SEB argues the master-in-equity erred in finding its action was
barred by the statute of limitations because genuine issues of material fact existed
regarding the validity of a tax sale of property formerly owned by SEB.  We
affirm[1] pursuant to Rule 220(b), SCACR, and the following authority: S.C. Code Ann. §
12-51-160 (Supp. 2009) ("An action for the recovery of land sold pursuant
to this chapter or for the recovery of the possession must not be maintained
unless brought within two years from the date of sale as provided in Section
12-51-90(C).").

AFFIRMED.

HUFF, THOMAS, and KONDUROS, JJ., concur.

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

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