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South Carolina
JUDICIAL DEPARTMENT
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2011-02-15-01

STATE OF SOUTH CAROLINA

COUNTY OF RICHLAND

Brunswick Corporation,

Plaintiff,

v.

Bentley Industries, LLC, Mark Casey & Associates, Inc., and Branham Plumbing, LLC,

Defendants.


IN THE COURT OF COMMON PLEAS

Case No. 2009-CP-40-1368

STIPULATION OF DISMISSAL

Pursuant to Rule 41(a)(1), Plaintiff and Defendant Bentley Industries, LLC (“Bentley”) stipulate that this action is dismissed, the parties to bear their own respective costs.  The following summary of the history of this action will assist in understanding this Stipulation.

  1. Plaintiff commenced this action for the purpose of foreclosing a mortgage securing debts owed to Plaintiff by Bentley.  The Complaint demanded a deficiency judgment.
  2. Bentley appeared in the action by filing an Answer and Counterclaim dated May 18, 2009, through S. Fraser Reid, III of Hulsey Law Group LLC as its attorney.  Plaintiff timely replied to the counterclaim.
  3. The Summons and the Complaint were served on Defendant Mark Casey & Associates, Inc. on April 8, 2009, as shown by the Affidavit of Service of R.D. Rivers filed on April 16, 2009.  Said Defendant has failed to answer the Complaint or otherwise appear in the action and is in default for failure to appear.
  4. Defendant Branham Plumbing, LLC was joined as a Defendant because it had filed a notice claiming a mechanic’s lien on the mortgaged property.  (Complaint ¶ 25(b).)  Said Defendant filed an Answer to the Complaint but thereafter cancelled its mechanic’s lien (Cancellation recorded in Book 1573 at page 213) and was dismissed from the action by a Stipulation of Dismissal filed on December 1, 2009.
  5. On July 20, 2006, Hulsey Law Group LLC filed a motion for leave to withdraw as counsel for Bentley.
  6. On October 2, 2009, Bentley appeared through new counsel, Stephan V. Futeral and Thomas C. Nelson of Futeral & Nelson, LLC, by filing a motion for leave to amend its Answer.  The motion was not heard or decided.
  7. On December 28, 2010, Bentley executed a Deed in Lieu of Foreclosure conveying the mortgaged property to Plaintiff in full satisfaction of the indebtedness secured by the mortgage.  Said Deed was filed on January 13, 2011, and recorded in Book 1659 and page 633 in the office of the Register of Deeds for Richland County, South Carolina.
  8. The execution of said Deed rendered this action moot.

IN WITNESS WHEREOF, Plaintiff and Bentley have executed this Stipulation through their respective counsel of record.

HAYNSWORTH SINKLER BOYD, P.A.

By:                                                                  
            Hamilton Osborne, Jr.
P.O. Drawer 11889
Columbia, SC  29211
(803) 779-3080 Tel

Attorneys for Plaintiff Brunswick Corporation

FUTERAL & NELSON, LLC

 

By:                                                                  
            Stephan V. Futeral
            Thomas C. Nelson
P.O. Box 1543
Mt. Pleasant, SC  29465-1543
(843) 284-5500 Tel

Attorneys for Defendant Bentley Industries, LLC

February 15, 2011