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-DavisOpinion
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.