Smith v. Jones

I respectfully dissent and would reverse the order granting summary judgment and remand this case for trial on both issues.

“A motion for a continuance is addressed to the sound discretion of the trial [court], whose judgment will be reversed only on showing an abuse of discretion.” Crout v. S.C. Nat. Bank, 278 S.C. 120, 123, 293 S.E.2d 422, 423 (1982).

“Since it is a drastic remedy, summary judgment ‘should be cautiously invoked so that no person will be improperly deprived of a trial of the disputed factual issues.’ ” Baughman v. Am. Tel. & Tel. Co., 306 S.C. 101, 112, 410 S.E.2d 537, 543…