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· 1/29/2001

Kiriakides v. Atlas Food Systems & Services, Inc.

Citations

  • 541 S.E.2d 257
  • 343 S.C. 587
  • 2001 S.C. LEXIS 22

How courts have described this case

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

  • articulating that the definition of oppression is best left to judicial construction based on a case-by-case analysis of the fact-specific circumstances in each case
  • explaining the two, traditionally distinct, standards applied by courts to determine the existence of \oppression\
  • determining it is not for the appellate court to weigh the evidence
  • a court may not “order a corporate dissolution solely upon the basis that a party’s ‘reasonable expectations’ have been frustrated by majority shareholders,” although it may take reasonable expectations into account
  • “An appellate court’s scope of review in cases of fraud, where the proof must be by clear, cogent and convincing evidence, is limited to determining whether there is any evidence reasonably supporting the circuit court’s findings.”
  • In a case of fraud, which is also an action at law where the proof must be by clear and convincing evidence, the appellate court’s scope of review is limited to determining whether there is any evidence reasonably supporting the trial court’s finding.

Source: CourtListener parenthetical corpus (CC0).

Judges: Toal, Moore, Burnett, Floyd, Gregory

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.