Legal Opinion · Dissent

Bickerstaff v. Prevost

Court of Appeals of South Carolina

Decided January 7, 2009No. 4439Published

1DissentShort, J.

I concur in part and respectfully dissent in part.

I agree with the majority that Appellants’ Consumer Protection Code and constitutional arguments are not preserved for review. However, I find the issue of whether the prejudgment interest should have been presented to the jury is not preserved for review.3 Furthermore, I would remand the action for the trial court to set the amount of prejudgment interest.

As noted by the majority in footnote 2, the issue of the amount of interest due is still unsettled. As there is something remaining to be done prior to full resolution of this case, I would…

2Cases cited4 opinions

  1. Elam v. South Carolina Department of TransportationSupreme Court of South Carolina · 2004
  2. TranSouth Financial Corp. v. CochranCourt of Appeals of South Carolina · 1996
  3. Taylor, Cotton & Ridley, Inc. v. Okatie Hotel Group, LLCCourt of Appeals of South Carolina · 2007
  4. Adams v. South Carolina Department of Health & Enviromental ControlCourt of Appeals of South Carolina · 1990

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