Innovative Waste Management, Inc. v. Crest Energy Partners GP, LLC

Syllabus

Innovative Waste Management brought this action against Dunhill Products, Crest Energy Partners, Henry Wuertz, and Edward Girardeau asserting claims for, among other claims, breach of contract, fraud, and misappropriation of trade secrets. After seven years of discovery, the circuit court found the Petitioners in contempt for violating prior discovery orders and sanctioned them by striking their answer and counterclaims. Petitioners appealed to the court of appeals, which affirmed in an unpublished opinion. Innovative Waste Management v. Crest Energy Partners GP, LLC, et al., Unpub. Op. No. 2023-UP-126 (Ct. App. 2023). We granted certiorari to decide whether the court of appeals erred in finding (1) that the Petitioners waived review of the trial court's interlocutory discovery orders under Davis v. Parkview Apartments, 409 S.C. 266, 762 S.E.2d 535 (2014); and (2) that the circuit court did not abuse its discretion by striking Petitioners' answer and counter claims under Rule 37(b)(2)(C), SCRCP. We adopt the well-reasoned opinion of the court of appeals and affirm.