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· 11/1/2023

J & W Corporation v. Broad Creek Marina

Syllabus

In this action, Appellant J & W Corporation of Greenwood (J&W) appeals an order of Master-in-Equity resolving a dispute between J&W and Respondents Broad Creek Marina of Hilton Head, LLC Broad Creek Marina Operations, LLC Broad Creek Marina Properties, LLC and Broad Creek Marina and Development, LLC (collectively, \Broad Creek Marina\). J&W argues that the master's errors include: (1) declining to issue a declaratory judgment for J&W in a dispute over the use of a boat shed for J&W's office (2) ordering J&W to accept an Aqua Lodge houseboat as a \Floating Office\ (3) declining to award J&W nominal damages for breach of contract (4) declining to apply an equitable setoff to the damages awarded to Broad Creek Marina because of the dispute over the boat shed-office (5) awarding damages and pre-judgment interest to Broad Creek Marina for hurricane-related damage to some of the marina's docks (6) declining to issue a judgment declaring that a settlement agreement between the parties shifted responsibility for dock damages and insurance coverage to Broad Creek Marina and (7) quashing a trial subpoena and awarding certain damages despite the subpoenaed evidence's relevance to those damages. We affirm in part, reverse in part, and remand for the entry of a judgment in compliance with this opinion.

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