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· 2/27/2006

Capco of Summerville, Inc. v. J.H. Gayle Construction Co.

Citations

  • 628 S.E.2d 38
  • 368 S.C. 137
  • 2006 S.C. LEXIS 56

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a specific statutory provision prevails over a more general one
  • holding the statute of repose bars a contribution action before the right has even accrued
  • holding the statute of repose bars a contribution action before the right has even accrued
  • declining to find a statute of limitation applying generally to contribution actions implicitly repealed a statute of repose that applied to specific contribution actions
  • providing when one statute addresses an issue in general terms and another deals with the same issue in a more specific and definite manner, the more specific statute will prevail
  • “A statute of limitations is a procedural device that operates as a defense to limit the remedy available from an existing cause of action. A statute of repose creates a substantive right in those protected to be free from liability after a legislatively determined period of time.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Toal, Moore, Burnett, Pleicones, Davis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.