Supreme Court of South Carolina, 1983

Germain v. Nichol

Supreme Court of South Carolina · Decided January 5, 1983 · Ness

299 S.E.2d 335; 278 S.C. 508; 1983 S.C. LEXIS 218 (South Eastern Reporter, Second Series)

Cases that cite this one

52 later published cases cite this decision. The 25 that cite it most often are listed here.

Wells Fargo Bank v. Michelle Hodges (S.C. Ct. App. 2022)
Benita Dinkins-Robinson v. Alan Ratner (S.C. Ct. App. 2023)
Carpenter v. Measter (S.C. Ct. App. 2013)
Miller v. Miller (S.C. Ct. App. 2003)
Malpass v. Burns (S.C. Ct. App. 2021)
Walker v. SAIC Engineering (S.C. Ct. App. 2017)
Holme v. Holme (S.C. Ct. App. 1985)
Lisa Weston v. Wal-Mart Stores East, LP (S.C. Ct. App. 2025)
Vidhyaben R. Patel v. Hardik R. Patel (1) (S.C. Ct. App. 2024)
Palmetto Pointe v. Island Pointe (S.C. Ct. App. 2023)
Cole v. Heyward (S.C. Ct. App. 2021)
Jeanette's Loving In-Home Care Agency v. SCDHHS (S.C. Ct. App. 2021)
Lazaro v. Burriss Electrical (S.C. Ct. App. 2014)
LaSalle Bank v. Toney (S.C. Ct. App. 2012)
SCDSS v. Ruth W. (S.C. Ct. App. 2011)
Davidson v. City of Beaufort (S.C. Ct. App. 2011)
On Time Transportation v. SC Workers' Compensation (S.C. Ct. App. 2011)
Wachovia Bank, N.A. v. Coffey (S.C. Ct. App. 2010)
Smith v. Smith (S.C. Ct. App. 2009)
James v. South Carolina Department of Corrections (S.C. Ct. App. 2008)
Dickey v. Clarke Nursing Home (S.C. Ct. App. 2007)
Helms Realty, Inc. v. Gibson-Wall Co. (S.C. 2005)
Horger v. Orangeburg County (S.C. Ct. App. 2005)
Green-Daniels v. Briggs (S.C. Ct. App. 2003)
Hill v. Dotts (S.C. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam:

This is an appeal from an action in conversion resulting in a $1,200 verdict for respondent.

Three of appellant’s four exceptions violate Supreme Court Rule 4, § 6 because they do not contain a complete assignment of error. See South Carolina Insurance Department v. Estrada, S. C. 287 S. E. (2d) 475 (1982); Barbee v. Poston, S. C. 289 S. E. (2d) 649 (1982). We dismiss these exceptions.

Appellant’s remaining exception is to the effect that the evidence does not justify the award of actual damages. Appellant does not present this Court with any of the trial testimony. Appellant has the burden of providing this Court with a sufficient record upon which this Court can make its decision. Wilson v. American Casualty Co., 252 S. C. 393, 166 S. E. (2d) 797 (1969). We find appellant has failed to satisfy this burden.

Furthermore, in the Statement of the case appellant concedes that respondent’s evidence was uncontroverted. The Statement of the case recites: “[T]he plaintiff in the trial of the cause presented evidence to establish the conversion of plaintiff’s property and the resulting damage. The plaintiff’s evidence was uncontroverted as the Defendant was not present at trial and the defense put on no witnesses.” The parties are bound by the Statement of the case. Patel, et al. v. Southern Brokers, Ltd., S. C. 289 S. E. (2d) 642 (1982).

The judgment of the lower court is affirmed.

Ness, J., not participating.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.