· 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- declining to find a statute of limitation applying generally to contribution actions implicitly repealed a statute of repose that applied to specific contribution actions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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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