Legal Opinion · Dissent

Arrow Bonding Co. v. Warren

Supreme Court of South Carolina

Decided August 29, 2012No. 27166Published

1Dissent

Justice BEATTY:

I dissent. I would find that the Master-in-Equity abused his discretion and reverse his decision not to set aside the judgment sale. The Master’s decision to sell thirteen separate parcels as a single lot was based on an error of law. The Master sold these thirteen separate parcels in one lot because he erroneously believed that he had no choice but to grant the request of the judgment creditor to sell the properties as one lot. This decision clearly ignores the tenets of Rule 71(b) and the order of reference. Both Rule 71(b) and the order of reference authorize the sale of the…

2Cases cited4 opinions

  1. Samples v. MitchellCourt of Appeals of South Carolina · 1997
  2. State v. SmithSupreme Court of South Carolina · 1981
  3. Balloon Plantation, Inc. v. Head Balloons, Inc.Court of Appeals of South Carolina · 1990
  4. CEL Products, LLC v. RozelleCourt of Appeals of South Carolina · 2004

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