Englert, Inc. v. LeafGuard USA, Inc.

Justice WALLER:

We granted certiorari to review the Court of Appeals’ opinion in Englert, Inc. v. LeafGuard USA, Inc., 365 S.C. 565, 619 S.E.2d 12 (Ct.App.2005). The Court of Appeals affirmed the partial grant of summary judgment to Respondent, Englert, Inc., finding Englert was entitled to possession of a gutter-fabricating machine which was in the possession of Petitioner, LeafGuard USA, Inc. We reverse the grant of summary judgment.

FACTS

Jerry Dan Vickory is the owner of two companies which manufacture and install gutters: LeafGuard USA and Seamless Gutters of Socastee. In 1993, Vickory, on…