Graham v. Town of Latta

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Unpublished Opinion No. 2016-UP-331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 – 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. §
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.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.