Legal Opinion

Atlantic Coast Builders & Contractors, LLC v. Lewis

Supreme Court of South Carolina

Decided May 16, 2012No. 27044Published

1Plurality opinionChief Justice Toal

I concur in the result reached by Justice Hearn for the majority on the issue of the security deposit, and dissent from her majority on the issue of improvement costs. I take issue with the disposal of this case on issue preservation grounds. For reasons set forth below, I do not believe the “two-issue” rule precludes this Court from deciding whether the master-in-equity’s award of improvement costs was valid. Additionally, I join Justice Hearn in disagreeing with Justice Pleicones’s position that although Atlantic requested the return of the security deposit in its complaint and Lewis denied…

2Cases cited14 opinions

  1. McMullen v. HoffmanSupreme Court of the United States · 1899
  2. Wilder Corp. v. WilkeSupreme Court of South Carolina · 1998
  3. Quail Hill, LLC v. County of RichlandSupreme Court of South Carolina · 2010
  4. Central States Health & Life Co. v. Miracle Hills Ltd. PartnershipNebraska Supreme Court · 1990
  5. Jackson v. Bi-Lo Stores, Inc.Court of Appeals of South Carolina · 1993

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