· 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 magistrates 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 magistrates 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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