Burbage v. Ramsey

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Collins
Burbage, Appellant,

v.

Angela Lynn
Ramsey, Thomas M. Ramsey, Kate Elizabeth Benton, Delores M. Garrett,
individually and as Personal Representative for the Estate of Arthur F.
Burbage, AGSouth Farm Cedit, ACA, Beneficial Mortgage Co. of South Carolina
and Palmetto Farm Credit ACA, Defendants,

of Whom Angela
Lynn Ramsey and Thomas M. Ramsey are the Respondents.

Appeal From Berkeley County

 Robert E. Watson, Master-in-Equity

Unpublished Opinion No.  2009-UP-152

Submitted February 2, 2009 – Filed March
30, 2009 

AFFIRMED

Christopher David Lizzi, of North Charleston, and Thomas C.
Nelson, of Mount Pleasant, for Appellant.

John J. Dodds, of Mount Pleasant, for Respondents.

PER CURIAM:  Collins
Burbage appeals the master-in-equity's
dismissal of his complaint and cancellation of the lis pendens having to do with a piece of property he inherited along with his siblings.  Burbage asserts the master erred in finding he had
no legal basis under his breach of contract claim to recover damages against
Angela and Thomas Ramsey.  We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities:  Electro
Lab of Aiken, Inc. v. Sharp Constr. Co. of Sumter, Inc., 357 S.C. 363,
367, 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract
seeking damages is an action at law); Sea Cabins on
the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach, 337 S.C.
380, 388, 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at
law, an appellate court must affirm a master's factual findings unless no
evidence reasonably supporting those findings); Parks v. Lyons, 219 S.C.
40, 48, 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one
who seeks to recover damages for the breach of a contract, to which he was a
party, must show that the contract has been performed on his part, or at least
that he was at the appropriate time able, ready and willing so to perform it."); Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518
S.E.2d 591, 598 (1999) (ruling an appellate court need not review remaining issues
when its determination of a prior issue is dispositive of
the appeal).

AFFIRMED.

HEARN,
C.J., and SHORT, J., and KONDUROS, J., concur.