Johnson v. South Carolina National Bank

The Circuit Court denied appellants’ (the Johnsons’) motion to transfer this case to the jury roster.

We reverse and remand.

FACTS

This is the second appeal in this litigation. The Johnsons brought suit against respondent South Carolina National Bank (SCN) to rescind a guaranty agreement on the ground of fraud. In the same complaint, the Johnsons also sought money damages in causes of action for outrage, invasion of legal rights and breach of fiduciary duty. SCN answered and moved to require the Johnsons to elect to proceed “in equity or at law.” The Johnsons elected to proceed on the equitable…