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Schmidt v. Courtney

357 S.C. 310 (S.C. Ct. App. 2003)
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Schmidt v. Courtney

27 Citing cases

  1. Montgomery v. CSX Transportation, Inc.

    362 S.C. 529 (S.C. Ct. App. 2004)   Cited 10 times

    Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Moriarty v. Garden Sanctuary Church of God, 341 S.C. 320, 534 S.E.2d 672 (2000); Schmidt v. Courtney, 357 S.C. 310, 592 S.E.2d 326 (Ct.App. 2003). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied.

  2. BPS, Inc. v. Worthy

    362 S.C. 319 (S.C. Ct. App. 2005)   Cited 37 times
    Holding the president of a corporation was not shielded from direct liability in tort for his own actions and was personally liable for any tortuous acts he participated in or directed

    All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Schmidt v. Courtney, 357 S.C. 310, 592 S.E.2d 326 (Ct.App. 2003); Bayle v. South Carolina Dep't of Transp., 344 S.C. 115, 542 S.E.2d 736 (Ct.App. 2001); see also Ferguson v.Charleston Lincoln Mercury, Inc., 349 S.C. 558, 563, 564 S.E.2d 94, 96 (2002) ("On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below."). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  3. Mulherin-Howell v. Cobb

    362 S.C. 588 (S.C. Ct. App. 2005)   Cited 36 times
    Finding an issue is abandoned when an appellant raises only conclusory arguments citing no supporting authority

    "On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below." Ferguson v. CharlestonLincoln Mercury, Inc., 349 S.C. 558, 563, 564 S.E.2d 94, 96 (2002); see also Schmidt v. Courtney, 357 S.C. 310, 592 S.E.2d 326 (Ct.App. 2003) (noting that all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  4. Rife v. Hitachi Construction Machinery Co.

    363 S.C. 209 (S.C. Ct. App. 2005)   Cited 44 times   1 Legal Analyses
    Applying Marchant in holding evidence the product "could have been made more safe" by installing a seat belt was "insufficient to support a finding" the product was defectively designed

    "On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below." Ferguson v. CharlestonLincoln Mercury, Inc., 349 S.C. 558, 563, 564 S.E.2d 94, 96 (2002); see also Schmidt v. Courtney, 357 S.C. 310, 592 S.E.2d 326 (Ct.App. 2003) (stating that all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  5. Miller v. Blumenthal Mills, Inc.

    365 S.C. 204 (S.C. Ct. App. 2005)   Cited 17 times   1 Legal Analyses

    On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below. Willis v. Wu, 362 S.C. 146, 607 S.E.2d 63 (2004); see also Schmidt v. Courtney, 357 S.C. 310, 592 S.E.2d 326 (Ct.App. 2003) (stating that all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  6. Wogan v. Kunze

    366 S.C. 583 (S.C. Ct. App. 2005)   Cited 32 times
    Holding that the non-existence of a private remedy under the statute prohibited the third-party beneficiary claim

    On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below. Willis v.Wu, 362 S.C. 146, 607 S.E.2d 63 (2004); see also Schmidt v.Courtney, 357 S.C. 310, 592 S.E.2d 326 (Ct.App. 2003), cert.denied (Apr. 7, 2005) (stating that all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  7. Eagle Container v. County of Newberry

    366 S.C. 611 (S.C. Ct. App. 2005)   Cited 14 times

    On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below. Willis v. Wu, 362 S.C. 146, 607 S.E.2d 63 (2004); see also Schmidt v. Courtney, 357 S.C. 310, 592 S.E.2d 326 (Ct.App. 2003) (stating that all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  8. Bennett v. Investors Title Ins. Co.

    370 S.C. 578 (S.C. Ct. App. 2006)   Cited 31 times
    Holding that issues raised in a brief but not supported by authority are deemed abandoned and will not be considered on appeal

    Sloanv. Friends of Hunley, Inc., 369 S.C. 20, 25, 630 S.E.2d 474, 477 (2006); see also Schmidt v. Courtney, 357 S.C. 310, 317, 592 S.E.2d 326, 330 (Ct.App. 2003) (stating that all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  9. Bennett v. Investors Title Ins. Co.

    370 S.C. 561 (S.C. Ct. App. 2006)   Cited 4 times

    On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below. Sloan v. Friends of Hunley,Inc., 369 S.C. 20, 25, 630 S.E.2d 474, 477 (2006); seealso Schmidt v. Courtney, 357 S.C. 310, 317, 592 S.E.2d 326, 330 (Ct.App. 2003) (stating that all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.

  10. Walsh v. Woods

    371 S.C. 319 (S.C. Ct. App. 2006)   Cited 5 times
    Finding issue on appeal was not preserved because the trial court did not rule on the issue and it was not raised in a Rule 59(e) motion

    On appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in and from the evidence in a light most favorable to the non-moving party below. Willis v. Wu, 362 S.C. 146, 150-51, 607 S.E.2d 63, 65 (2004); see also, Schmidt v.Courtney, 357 S.C. 310, 316-17, 592 S.E.2d 326, 330 (Ct.App. 2003) (stating all ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party). Summary judgment is not appropriate when further inquiry into the facts of the case is desirable to clarify the application of the law.