Graham v. Town of Latta
Graham v. Town of Latta
Opinion
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA In The Court of Appeals Claude W. Graham and Vickie B. Graham, Appellants, v. Town of Latta, South Carolina, Respondent.
Appellate Case No. 2014-000208
Appeal From Dillon County J. Michael Baxley, Circuit Court Judge
Unpublished Opinion No. 2016-UP-331 Submitted May 1, 2016 โ Filed June 29, 2016
AFFIRMED
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. ยง 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.").
AFFIRMED.1 SHORT and THOMAS, JJ., and CURETON, A.J., concur.
We decide this case without oral argument pursuant to Rule 215, SCACR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.