Legal Opinion
Penza v. Pendleton Station, LLC
Court of Appeals of South Carolina
Decided May 1, 2013No. Appellate Case No. 2012-205613; No. 5124PublishedCited by 5 opinions
1Opinion of the CourtKonduros, J.
Angelo Penza contends the master erred in granting partial summary judgment to Enterprise Bank (the Bank) because there was a question of fact as to whether his mortgage was intended to cover Tract A in addition to Tract B. He also argues the master’s order essentially reformed the original mortgage, which was error because before an instrument may be reformed there must be a showing of mutual mistake. We reverse and remand.
FACTS/PROCEDURAL HISTORY
Pendleton Station, LLC planned to develop three tracts of property in Pendleton, South Carolina: “Tract A,” “Tract B,” and the “2-Acre Tract.” On…
2Cases cited14 opinions
- Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
- I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina · 2000
- Fleming v. RoseSupreme Court of South Carolina · 2002
- Sauner v. Public Service AuthoritySupreme Court of South Carolina · 2003
- George v. FabriSupreme Court of South Carolina · 2001
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3Cited by5 opinions
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- The Edgewater on Broad Creek Owners Association v. Ephesian Ventures, LLCCourt of Appeals of South Carolina · 2020
- Vista Del Mar v. Vista Del Mar, LLCCourt of Appeals of South Carolina · 2023
- Williams v. JeffcoatCourt of Appeals of South Carolina · 2021