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2009-UP-206 - Polawana Group v. Goodwine

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Polawana Group, LLC, Respondent,

v.

Simon Goodwine, Robert Goodwine, Simon F. Goodwine, and Albertha Goodwine, Appellants.


Appeal From Beaufort County
 Curtis L. Coltrane, Master-in-Equity


Unpublished Opinion No. 2009-UP-206
Heard May 12, 2009 – Filed May 18, 2009


AFFIRMED


Glenn Walters and R. Bentz Kirby, of Orangeburg, for Appellants.

J. T Mikell, of Beaufort, for Respondent.

PER CURIAM:  Respondent Polawana Group, LLC (Polawana Group) brought this declaratory judgment action against Appellants, Simon Goodwine, Robert Goodwine, Simon F. Goodwine, and Albertha Goodwine (the Goodwines), to determine the ownership of a parcel of land on Polawana Island in St. Helena Township in Beaufort County.  The Goodwines appeal the decision of the master-in-equity declaring Polawana Group to be the owner of the disputed parcel.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities:

1.  As to whether the master erred in relying on the deed conveying the disputed parcel to Polawana Group when the deed was not admitted into evidence:  Hobonny Club, Inc. v. McEachern, 272 S.C. 392, 397, 252 S.E.2d 133, 136 (1979) ("Where a deed describes land as it is shown on a certain plat, such plat becomes part of the deed for the purpose of showing the boundaries, metes, courses and distances of the property conveyed."); Jensen v. Conrad, 292 S.C. 169, 172, 355 S.E.2d 291, 293 (Ct. App. 1987) (holding that a judgment will not be reversed for insubstantial errors not affecting the result).       

2.  As to whether the master's finding that Polawana Group owned the disputed parcel was supported by the evidence:  Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976) ("In an action at law, on appeal of a case tried without a jury, the findings of fact of the judge will not be disturbed upon appeal unless found to be without evidence which reasonably supports the judge's findings. ").

AFFIRMED.

HUFF, PIEPER, and GEATHERS, JJ., concur.