South Carolina CVS Pharmacy v. KPP Hilton Head, LLC
Syllabus
This case is about an option to renew a commercial lease. The tenant, South Carolina CVS Pharmacy, LLC, mailed its written notice of its intent to exercise the option, and it was available for the landlord to pick up at the local post office a day before the lease's deadline for providing notice. The landlord did not retrieve the notice until the following week. The master-in-equity found CVS did not comply with the deadline. CVS argues this decision was error. We agree with CVS and reverse.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that District Court improperly dismissed plaintiff’s claims under § 1367(c)(3) where federal law operated to create “federal question jurisdiction for [plaintiff’s] two remaining state-law causes of action”
- observing that the federal filed rate doctrine applies to rates approved under the Federal Communications Act
- observing that the federal filed rate doctrine applies to rates approved under the Federal Communications Act
- noting that the “purpose of the nonjusticiability principle . . . is to preserve the FCC’s primary jurisdiction over determinations regarding the reasonableness of rates charged by regulated carriers”
- explaining that we “embrace[] ‘a policy of liberal construction of notices of appeal’ when (1) unnoticed claims or issues are inextricably intertwined with noticed ones and (2) the adverse party is not prejudiced” (quotation omitted)
- noting that this court “embraces a policy of liberal construction of notices of appeal when (1) unnoticed claims or issues are inextricably intertwined with noticed ones and (2) the adverse party is not prejudiced” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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