Supreme Court of South Carolina, 1983

Friedberg v. Goudeau

Supreme Court of South Carolina · Decided December 5, 1983 · Per Curiam

309 S.E.2d 578; 279 S.C. 561; 1983 S.C. App. LEXIS 77 (South Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Grazia v. South Carolina State Plastering, LLC (S.C. 2010)
City of North Myrtle Beach v. Lewis-Davis (S.C. Ct. App. 2004)
Griffin v. Capital Cash (S.C. Ct. App. 1992)

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:

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 j udgment, and summary j udgment 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.

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