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Friedberg v. Goudeau

Supreme Court of South Carolina
Dec 5, 1983
309 S.E.2d 578 (S.C. 1983)

Summary

reversing the grant of summary judgment because the ground for summary judgment was not properly before the trial court

Summary of this case from City of North Myrtle Beach v. Lewis-Davis

Opinion

22013

December 5, 1983.

R. Markley Dennis, Jr., of Dennis, Dennis Watson, Moncks Corner; and J. Sidney Boone, Jr., of Hawkins Morris, Charleston, for appellants. Thomas S. Tisdale, Jr., of Young, Clement, Rivers Tisdale, Charleston, and John B. Williams, Moncks Corner, for respondents.


Dec. 5, 1983.


The appellants brought this action for partition of a cotenancy in which they owned the surface rights and one-half of the mineral rights. The respondents owned the remaining half of the mineral rights. Respondents moved for summary judgment, and summary judgment was granted on the ground that appellants impliedly agreed not to seek partition of the mineral rights.

The record does not reveal that this ground was properly before the trial court. We accordingly reverse the entry of summary judgment. We express no opinion regarding the merits of the partition action.

Reversed.


Summaries of

Friedberg v. Goudeau

Supreme Court of South Carolina
Dec 5, 1983
309 S.E.2d 578 (S.C. 1983)

reversing the grant of summary judgment because the ground for summary judgment was not properly before the trial court

Summary of this case from City of North Myrtle Beach v. Lewis-Davis
Case details for

Friedberg v. Goudeau

Case Details

Full title:Richard H. FRIEDBERG, W.A. Moncrief, and W.A. Moncrief, Jr., Appellants…

Court:Supreme Court of South Carolina

Date published: Dec 5, 1983

Citations

309 S.E.2d 578 (S.C. 1983)
309 S.E.2d 578

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