Duerk v. Duerk

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

Gregory Duerk, Donald L. Duerk, Jr., and Deborah
Duerk Tiller, Appellants,

v.

Geoffrey Duerk, Kristen Duerk, and James M. Stewart,
Respondents.

Appellate Case No. 2017-000471

Appeal From Horry County
Benjamin H. Culbertson, Circuit Court Judge

Unpublished Opinion No. 2019-UP-365
Heard October 15, 2019 – Filed November 13, 2019

AFFIRMED

Thomas C. Brittain, of The Brittain Law Firm, P.A., of
Myrtle Beach, for Appellants.

Jay Marcus Bultz, of Bultz Law Offices, PA, of Myrtle
Beach, for Respondents Geoffrey Duerk and Kristen
Duerk; Fred Harley Oliver and Amy Lynn Neuschafer,
both of Collins & Lacy, PC, of Murrells Inlet, for
Respondent James M. Stewart.
PER CURIAM: Gregory Duerk, Donald L. Duerk, and Deborah Duerk Tiller
appeal a Form 4 order dismissing James M. Stewart from a lawsuit for lack of
personal jurisdiction. We affirm pursuant to Rule 220(b), SCACR, and the
following authorities: S.C. Code Ann. § 36-2-803 (Supp. 2018) (allowing a South
Carolina court to exercise personal jurisdiction over a nonresident "who acts
directly . . . as to a cause of action arising from the person's . . . transacting any
business in this State [or] . . . commission of a tortious act in whole or in part in
this State"); Cockrell v. Hillerich & Bradsby Co., 363 S.C. 485, 491, 611 S.E.2d
505, 508 (2005) ("Due process requires that there exist minimum contacts between
the defendant and the forum state such that maintenance of the suit does not offend
traditional notions of fair play and substantial justice."); id. ("The question of
personal jurisdiction over a nonresident defendant is one which must be resolved
upon the facts of each particular case."); Coggeshall v. Reproductive Endocrine
Assocs. of Charlotte, 376 S.C. 12, 16, 655 S.E.2d 476, 478 (2007) ("At the pretrial
stage, the burden of proving personal jurisdiction over a nonresident is met by a
prima facie showing of jurisdiction."); id. ("When a motion to dismiss attacks the
allegations of the complaint on the issue of jurisdiction, the court is not confined to
the allegations of the complaint but may resort to affidavits or other evidence to
determine jurisdiction."); id. (stating a trial court's decision regarding jurisdiction
"will be affirmed unless unsupported by the evidence or influenced by an error of
law").

AFFIRMED.

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