North Charleston Joint Venture v. Kitchens of Island Fudge Shoppe, Inc.

Chandler, Justice:

Appellants contend that the Circuit Court erred in transferring this case to the nonjury docket. As to Appellants Jerry Weber, Jeanette Weber and Elizabeth DiNatale, we agree and reverse. As to Appellant Kitchens of Island Fudge Shoppe, Inc., we affirm.

FACTS

Respondent North Charleston Joint Venture (Landlord) entered into a lease with Appellant Kitchens of Island Fudge Shoppe, Inc. (Tenant). Appellants Jery and Jeanette Weber and Elizabeth DiNatale (Guarantors) individually guaranteed Tenant’s compliance with the lease provisions.

The lease provides for waiver of trial by…