Opinion
2016-UP-331
06-29-2016
Claude W. Graham and Vickie B. Graham, Appellants, v. Town of Latta, South Carolina, Respondent. Appellate Case No. 2014-000208
Reynolds Williams, of Willcox Buyck & Williams, PA, of Florence, for Appellants. Andrew F. Lindemann, Michael Brian Wren, and Daniel Clifton Plyler, all of Davidson & Lindemann, PA, of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted May 1, 2016
Appeal From Dillon County J. Michael Baxley, Circuit Court Judge
Reynolds Williams, of Willcox Buyck & Williams, PA, of Florence, for Appellants.
Andrew F. Lindemann, Michael Brian Wren, and Daniel Clifton Plyler, all of Davidson & Lindemann, PA, of Columbia, for Respondent.
PER CURIAM.
Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Dep't of Transp. v. First Carolina Corp. of S.C, 369 S.C. 150, 153, 631 S.E.2d 533, 535 (2006) ("The granting of leave to deposit money with the court pursuant to Rule 67, SCRCP is a matter within the discretion of the trial court and will not be overturned absent an abuse of that discretion."); S.C. Code Ann. § 34-31-20(B) (Supp. 2015) ("A money decree or judgment of a court enrolled or entered must draw interest according to law."); Rule 67, SCRCP ("In an action in which any part of the relief sought is a judgment for a sum of money . . ., a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum . . . ."); Russo v. Sutton, 317 S.C. 441, 444, 454 S.E.2d 895, 896 (1995) ("[A] judgment debtor's deposit of funds into the court pending his own appeal prevents further accrual of interest."); Collins v. Doe, 352 S.C. 462, 470, 574 S.E.2d 739, 743 (2002) ("Under the rules of statutory interpretation, use of words such as 'shall' or 'must' indicates the legislature's intent to enact a mandatory requirement.").
We decide this case without oral argument pursuant to Rule 215, SCACR.
SHORT and THOMAS, JJ., and CURETON, A.J., concur