Silvester v. Spring Valley Country Club

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

Thomas J. Silvester and Carolyn Silvester, Appellants,

v.

Spring Valley Country Club, Respondent.

Appellate Case No. 2013-001869

Appeal From Richland County
G. Thomas Cooper, Circuit Court Judge

Unpublished Opinion No. 2015-UP-072
Submitted November 1, 2014 – Filed February 11, 2015

REVERSED

Thomas J. Silvester and Carolyn Silvester, both of
Columbia, pro se.

Jessica Ann Waller and John Edward Cuttino, both of
Gallivan, White & Boyd, PA, of Columbia, for
Respondent.

PER CURIAM: Thomas and Carolyn Silvester (the Silvesters) appealed the
circuit court's dismissal of their case under Rule 41(b), SCRCP, for failure to
prosecute. We find the clerk of court failed to transfer the case to the jury trial
roster, and accordingly, the circuit court erred in dismissing the case for failure to
prosecute. See Rule 40(b), SCRCP ("The clerk initially shall place all cases in
which a jury has been requested on the General Docket. A case may not be called
for trial until it has been transferred to the Jury Trial Roster. . . ."); Rule 40(f),
SCRCP ("The clerk shall review the General Docket and shall transfer to the Jury
Trial Roster all cases which have remained on the General Docket for 12 months
and in which the court has not entered a Scheduling Order setting the date when
the case is to be transferred to the Jury Trial Roster or in which there is no pending
motion for a Scheduling Order in the file. The clerk shall notify counsel of record
of the transfer, but publication of the Jury Trial Roster also shall be deemed notice
of the automatic transfer.").

REVERSED.1

WILLIAMS, GEATHERS, and McDONALD, JJ., concur.

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