Estate of Essie B. Bryan v. Charleston County

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

Estate of Essie B. Bryan, through her personal
representative Marcus Kinloch, Appellant,

v.

Charleston County and C.A. Roberds, Respondents,

v.

C.A. Roberds, Respondent,

v.

Ernest Kinloch d/b/a Ernie's Restaurant, Third Party
Defendant.

Appellate Case No. 2013-002108

Appeal From Charleston County
Mikell R. Scarborough, Master-in-Equity

Unpublished Opinion No. 2015-UP-396
Submitted July 1, 2015 – Filed August 12, 2015

AFFIRMED
Robert Lee Gailliard, of Robert L. Gailliard, Attorney at
Law, of Charleston, for Appellant.

Joseph Dawson, III, Bernard E. Ferrara, Jr., Austin
Adams Bruner, and Johanna Serrano Gardner, all of the
Charleston County Attorney's Office, of North
Charleston, for Respondent Charleston County; and
Kerry W. Koon, of Charleston, for Respondent C.A.
Roberds.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Savannah Bank, N.A. v. Stalliard, 400 S.C. 246, 250, 734 S.E.2d 161,
163 (2012) ("When reviewing the grant of summary judgment, the appellate court
applies the same standard applied by the [master-in-equity] pursuant to Rule 56(c),
SCRCP. Summary judgment is appropriate when there is no genuine issue of
material fact such that the moving party must prevail as a matter of law." (internal
quotation marks and citation omitted)); Rule 36(a), SCRCP (allowing a party to
serve another party a written request for admission of any matter discoverable
under Rule 26(b), SCRCP); id. ("The matter is admitted unless, within 30 days
after service of the request, . . . the party to whom the request is directed serves
upon the party requesting the admission a written answer or objection addressed to
the matter . . . ."); Scott v. Greenville Hous. Auth., 353 S.C. 639, 645, 579 S.E.2d
151, 154 (Ct. App. 2003) ("[A]s currently verbalized in Rule 36, SCRCP, South
Carolina has long had the discovery rule that failure to respond to requests for
admissions renders any matter listed in the request conclusively admitted for
trial."); S.C. Code Ann. § 12-51-40 (2014) (detailing the procedure for notifying a
defaulting taxpayer that property will be sold to collect delinquent taxes); S.C.
Code Ann. § 12-51-120 (2014) (detailing the procedure for notifying a defaulting
taxpayer that the end of the redemption period is approaching).

AFFIRMED.1

SHORT, LOCKEMY, and MCDONALD, JJ., concur.

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