Vacation Time of Hilton Head Island, Inc. v. Kiwi Corp.

Shaw, Justice:

This is an ejectment action. The Magistrate ruled that appellant-Kiwi was entitled to retain possession of the leasehold premises. The Circuit Court Judge, sitting without a jury and making his decision based on the record and on the argument of each parties’ counsel, reversed the Magistrate’s decision and ordered that Kiwi vacate the leasehold premises for failure to make timely rental payments as required by the lease. For the following reasons, we affirm.

Initially, we note that the scope of review in the situation of an appeal from Magistrate’s Court to the Court of Common…