Legal Opinion

Home Port Rentals, Inc. v. Moore

Court of Appeals of South Carolina

Decided April 19, 2004No. 3779PublishedCited by 3 opinions

1Opinion of the Court

KITTREDGE, J.:

Home Port Rentals, Inc. brought this declaratory judgment action in July 2000 against Roger Moore, seeking to determine the enforceability of a March 20, 1989 judgment. The circuit court granted Moore’s motion for summary judgment, finding the judgment was more than ten years old and no longer enforceable. We affirm and hold that the ten-year enforcement period for execution on judgments as provided in S.C.Code Ann. § 15-39-30 (Supp.2003), once commenced, is absolute and not subject to tolling. Such a judgment is “utterly extinguished” ten years from the date of its entry.

FACTS

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2Cases cited7 opinions

  1. True v. MonteithSupreme Court of South Carolina · 1997
  2. Commercial Credit Loans, Inc. v. RiddleCourt of Appeals of South Carolina · 1999
  3. Hardee v. LynchSupreme Court of South Carolina · 1948
  4. Ducker v. Standard Supply Co., Inc.Supreme Court of South Carolina · 1984
  5. Garrison v. OwensSupreme Court of South Carolina · 1972

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3Cited by3 opinions

  1. Carr v. GuerardSupreme Court of South Carolina · 2005
  2. Fast Photo Express, Inc. v. First National BankCourt of Appeals of South Carolina · 2006
  3. Home Port Rentals, Inc. v. MooreSupreme Court of South Carolina · 2006

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