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Bage, LLC. v. Southeastern Roofing Co. of Spartanburg, Inc.

Supreme Court of South Carolina
Jul 23, 2009
681 S.E.2d 867 (S.C. 2009)

Summary

noting the parties in Pilgrim settled while the petition for certiorari was pending before our supreme court; therefore, the decision was vacated

Summary of this case from Regions Bank v. Owens

Opinion

July 23, 2009.


ORDER

This Court granted a writ of certiorari to review the Court of Appeals' opinion in this matter, Bage, LLC v. Southeastern Roofing Co. of Spartanburg, 373 S.C. 457, 646 S.E.2d 153 (Ct.App. 2007), and oral argument was heard on February 4, 2009. Prior to an opinion being issued, the parties settled the case through mediation, and they have now filed an Agreement of Dismissal with the Court.

The Agreement of Dismissal is accepted and this matter is dismissed. Further, we vacate the opinion of the Court of Appeals in this matter. The remittitur will be sent to the lower court as provided by Rule 221(b), SCACR.

Finally, the Court of Appeals' opinion in Bage, LLC cited to Pilgrim v. Miller, 350 S.C. 637, 642, 567 S.E.2d 527 (Ct.App. 2002). While the petition for certiorari to this Court in Pilgrim was pending, the parties settled. The settlement was accepted, and the Pilgrim opinion was vacated by order of this Court. It appears, however, that the order vacating the Pilgrim opinion was never published. See Pilgrim v. Miller, 2003-OR-00333 (S.C. Sup.Ct. dated April 25, 2003). To correct this oversight, we now reiterate that Pilgrim v. Miller, 350 S.C. 637, 642, 567 S.E.2d 527 (Ct.App. 2002), was vacated by this Court on April 25, 2003.

IT IS SO ORDERED.

JEAN H. TOAL C.J., JOHN H. WALLER, JR., COSTA M. PLEICONES and DONALD W. BEATTY, JJ.

KITTREDGE, J., not participating.


Summaries of

Bage, LLC. v. Southeastern Roofing Co. of Spartanburg, Inc.

Supreme Court of South Carolina
Jul 23, 2009
681 S.E.2d 867 (S.C. 2009)

noting the parties in Pilgrim settled while the petition for certiorari was pending before our supreme court; therefore, the decision was vacated

Summary of this case from Regions Bank v. Owens
Case details for

Bage, LLC. v. Southeastern Roofing Co. of Spartanburg, Inc.

Case Details

Full title:BAGE, LLC., Respondent, v. SOUTHEASTERN ROOFING COMPANY OF SPARTANBURG…

Court:Supreme Court of South Carolina

Date published: Jul 23, 2009

Citations

681 S.E.2d 867 (S.C. 2009)
681 S.E.2d 867

Citing Cases

Regions Bank v. Owens

We agree with Owens that Pilgrim was vacated on April 25, 2003. See Bage, LLC v. Se. Roofing Co. of…