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· 5/21/2001

Parks v. Characters Night Club

Citations

  • 548 S.E.2d 605
  • 345 S.C. 484
  • 2001 S.C. App. LEXIS 71

How courts have described this case

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

  • recognizing that case originating in magistrate’s court and appealed to circuit court is governed by section 18-7-170
  • stating section 18-7-170 of the South Carolina Code allows the circuit court to make its own findings of fact on an appeal from magistrate’s court
  • explaining this court \will presume that an affirmance by a [c]ircuit [c]ourt of a magistrate's judgment was made upon the merits whe[n] the testimony is sufficient to sustain the magistrate's judgment and there are no facts that show the affirmance was influenced by an error of law\
  • “Foreseeability is not determined from hindsight, but rather from the defendant’s perspective at the time of the alleged breach.”
  • \[This court] will presume that an affirmance by a [c]ircuit [c]ourt of a magistrate's judgment was made upon the merits where the testimony is sufficient to sustain the magistrate's judgment and there are no facts that show the affirmance was influenced by an error of law.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Huff, Shuler

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.