Delaney v. First Financial of Charleston, Inc.

I concur with the majority’s conclusion that the statute of limitations found in section 36-2-725(1) of the South Carolina Code (2003) does not apply to Appellant’s claims. However, I respectfully dissent and would reverse because a three-year statute of limitations applies to Appellant’s claims and Appellant filed this action within three years of the date Respondent disposed of the collateral, which, I believe, is when the statute of limitations began to run.

Under section 15-3-540(2), the statute of limitations is three years for “[a]n action upon a statute for a penalty or forfeiture when…