Mendelsohn v. Whitfield

Petitioner asks this Court for a writ of certiorari to review the Court of Appeals’ decision in Mendelsohn v. Whitfield, — S.C. —, 430 S.E. (2d) 524 (Ct. App. 1993). We grant the petition to review petitioner’s Question 2, dispense with further briefing, and affirm as modified. We deny the petition for certiorari as to the remaining questions.

In its opinion, the Court of Appeals, relying on Reliance Varnish Co. v. Mullins Lumber Co., 213 S.C. 84, 48 S.E. (2d) *227653 (1948), stated that when a defendant counterclaims he is only entitled to open and close on the issues raised by the…