Knight v. Waggoner

BEATTY, J.:

James E. Knight, Jr., and Fredrick Zeigler (Appellants) appeal a ruling by the trial court at the close of evidence allowing Jene Marie Waggoner (Respondent) to voluntarily withdraw counterclaims for trespass and conversion upon a motion by Appellants for a directed verdict on those claims. Appellants contend that dismissing these counterclaims without prejudice was an abuse of the trial judge’s discretion. We affirm.

FACTS

Appellants own property located at 813 Harden Street, Columbia, South Carolina, which adjoins Respondent’s vacant lot at the rear of Respondent’s property.…