Legal Opinion

Swinton Creek Nursery v. Edisto Farm Credit

Supreme Court of South Carolina

Decided March 1, 1999No. 24910PublishedCited by 74 opinions

1Opinion of the Court

TOAL, Justice:

In this case, we granted a petition for a writ of certiorari to review the Court of Appeals’ opinion in Swinton Creek Nursery v. Edisto Farm Credit, ACA 326 S.C. 426, 483 S.E.2d 789 (Ct.App.1997). We affirm in part, reverse in part, and remand.

Factual/Procedural Background

In 1980, James M. Futch, III, (“Owner”) began a nursery business near the small town of Hollywood, South Carolina. 1 As a result of his efforts, Owner created the Swinton Creek Nursery (“Swinton Creek”). Swinton Creek was mainly a wholesale operation that sold azaleas to such stores as WalMart and K-Mart.

In an…

2Cases cited20 opinions

  1. Todd v. South Carolina Farm Bureau Mutual InsuranceSupreme Court of South Carolina · 1981
  2. Creech v. South Carolina Wildlife & Marine Resources DepartmentSupreme Court of South Carolina · 1997
  3. Holtzscheiter v. Thomson Newspapers, Inc.Supreme Court of South Carolina · 1998
  4. Snakenberg v. Hartford Casualty Ins. Co., Inc.Court of Appeals of South Carolina · 1989
  5. Meetze Ex Rel. Golden v. Associated PressSupreme Court of South Carolina · 1956

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3Cited by74 opinions

  1. Sims v. GilesCourt of Appeals of South Carolina · 2001
  2. In Re the Care & Treatment of MatthewsSupreme Court of South Carolina · 2001
  3. Murray, v. Holnam, Inc. and Thomas Thornton, of Whom Holnam, Inc. IsCourt of Appeals of South Carolina · 2001
  4. R & G Construction Inc. v. Lowcountry Regional Transportation AuthorityCourt of Appeals of South Carolina · 2000
  5. Ecclesiastes Production Ministries v. Outparcel Associates, LLCCourt of Appeals of South Carolina · 2007

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