Carter v. McFadyen

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

Case No.
2006-CP-23-1718

James Carter, Appellant,

v.

Margaret M.
McFadyen, Respondent,

Case No.
2006-CP-23-1989

John Gregory
Askew, Plaintiff,

v.

Margaret M.
McFadyen and James Carter, Defendant.

Appeal From Greenville County

 Charles B. Simmons, Jr., Master-in-Equity

Unpublished Opinion No. 2009-UP-128

Submitted March 2, 2009 – Filed March 5,
2009   

AFFIRMED

Thomas Elihue Dudley, III, of Greenville, for Appellant.

Stanley E. Mcleod, of Greenville, for Respondent.

PER CURIAM: James
Carter appeals the master-in-equity’s grant of summary judgment, arguing
evidence existed establishing there was a valid, enforceable contract for the sale
of real property.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Helms Realty Inc. v. Gibson-Wall Co., 363 S.C. 334, 340, 611 S.E.2d 485, 488 (2005)
(explaining pursuant to Rule 56(c), SCRCP, summary judgment is proper when
there is no genuine issue as to any material fact and the moving party is
entitled to judgment as a matter of law); Willis v. Wu., 362 S.C. 146,
151, 607 S.E.2d 63, 65 (2004) (stating on appeal from an order granting summary
judgment, the appellate court will review all ambiguities, conclusions, and
inferences arising in and from the evidence in a light most favorable to the
non-moving party below); S.C. Code Ann. §
32-3-10(4) (2007) (stating any contract for an interest in land must be in
writing and signed by the party against whom enforcement is sought); Player
v. Chandler, 299 S.C. 101, 106, 382 S.E.2d 891, 894 (1989) (holding failure
to put contract for the sale of land in writing renders it void, unless an
exception applies).

AFFIRMED. 

SHORT, THOMAS, and GEATHERS, JJ., concur.

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