Truck South, Inc. v. Patel

Respectfully, I dissent. Judge Whetstone did not err in refusing to change venue. Likewise, Judge Dennis’s grant of summary judgment was proper.

I. Venue

The plain language of South Carolina Code section 15-7-10(1) requires that Track South’s lawsuit against Sudhir D. Patel be brought in Colleton County, the county where the property is located. S.C.Code Ann. § 15-7-10(1) (1977). Section 15-7-10(1) applies to any action that requires a determination of any “right or interest” in real property. Because this is an action for specific performance of real estate, it clearly affects rights and…