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2011-UP-305 - Southcoast Community Bank v. Low-Country State Leasing

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Southcoast Community Bank, Respondent,

v.

Low-Country State Leasing, LLC a/k/a Low-Country State Leasing, LLC d/b/a McGuire's Irish Pub, LLC; McGuire's Irish Pub, LLC, Jacqueline Kroth; David Kroth; The United States of America; South Carolina Department of Revenue; South Carolina Employment Security Commission; Town of Summerville; Carolina Waste Services; OK Grocery; and Quattlebaum & Murphy, LLP, Defendants,

Charles R. Giles, Jr. and Albert Sheppard, Intervenors, Appellants.


Appeal From Dorchester County
Patrick  R. Watts, Master-In-Equity


Unpublished Opinion No. 2011-UP-305
Submitted June 1, 2011 – Filed June 17, 2011  


AFFIRMED


Steven L. Smith, of North Charleston, for Appellants.

Richard W. Urban, of Columbia; and Samuel H. Altman, of Charleston, for Respondent.

PER CURIAM: Charles R. Giles, Jr. and Albert Sheppard (collectively, "Appellants") appeal a master-in-equity's denial of their motion to intervene in the foreclosure of property owned by Low-Country State Leasing, LLC (Low-Country).  The master held a loan granted by Appellants and purportedly secured by the property did not grant Appellants a valid interest in the property because the loan was executed by the owners of Low-Country in their personal capacity.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Ex parte Gov't Emps. Ins. Co., 373 S.C. 132, 135, 644 S.E.2d 699, 701 (2007) ("The decision to grant or deny a motion to . . . intervene in an action . . . lies within the sound discretion of the trial court.  This Court will not disturb the lower court's decision on appeal unless a manifest abuse of discretion is found resulting in an error of law.") (internal citations and quotation marks omitted); see also id. at 138-39, 644 S.E.2d at 702 (holding a claimant does not have a right to intervene in the action if the claimant lacks "'an interest relating to the property . . . which is the subject of the action' as required by Rule 24(a)(2), SCRCP"); Frasier v. Palmetto Homes of Florence, Inc., 323 S.C. 240, 244, 473 S.E.2d 865, 867 (Ct. App. 1996) (stating that a party may not use "agency as a basis of liability" if "the existence of the agency" is not "clearly established by the facts") (citations and internal quotation marks omitted). 

AFFIRMED.

HUFF, WILLIAMS, and THOMAS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.