SSI Medical Services, Inc. v. Cox

How courts have described this case

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

• holding that “[a] constructive trust arises whenever a party has obtained money which does not equitably belong to him and which he cannot in good conscience retain or withhold from another who is beneficially entitled to it . . . .”
• holding the non-moving party may not rest upon the mere allegations or denials of his pleadings but must set forth specific facts showing there is a genuine issue for trial
• holding an issue raised to the trial court was not preserved for review when the trial court never ruled upon the issue and the issue was never raised in an appropriate post-trial motion
• requiring that, in a summary motion, the nonmoving party’s response, “including affidavits or as otherwise provided by [Rule 56, SCRCP], must set forth specific facts showing there is a genuine issue for trial”
• nonmoving party to summary judgment motion cannot rest on allegations in his pleadings that are controverted by affidavits or depositions submitted by moving party
• finding an issue never ruled on by the circuit court or raised in an appropriate post-trial motion is not preserved for review

Source: CourtListener parenthetical corpus (CC0).