Lawrence v. General Panel Corp

Lawrence v. General Panel Corp

Plaintiff:	Mark Lawrence
Defendant:	General Panel Corp
Case Number:	2:2017cv00600
Filed:	March 3, 2017
Court:	US District Court for the District of South Carolina
Office:	Charleston Office
County:	Charleston
Presiding Judge:	Richard M Gergel
Nature of Suit:	Other Personal Property Damage
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Both

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Date Filed	Document Text
November 14, 2017	Filing 29 ORDER AND OPINION This matter is before the Court on Defendant's motion for summary judgment. For the reasons set forth in this order and opinion, the Court certifies the following question to the South Carolina Supreme C ourt: 1. Did 2005 South Carolina Laws Act 27 (H.B. 3008) amend South Carolina Code § 15-3-640 so that, in an action for damages based upon a defective improvement to new construction real property, the date of "substantial completion of th e improvement" is measured from the date of the certificate of occupancy (unless the parties establish a different date by written agreement), superseding the South Carolina Supreme Court's decision in Ocean Winds Corp. of Johns Island v. Lane, 556 S.E.2d 377 (2001)? The Court CERTIFIES the foregoing question to the South Carolina Supreme Court. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/14/2017. (sshe, )

Date Filed

Document Text

November 14, 2017

Filing 29 ORDER AND OPINION This matter is before the Court on Defendant's motion for summary judgment. For the reasons set forth in this order and opinion, the Court certifies the following question to the South Carolina Supreme C ourt: 1. Did 2005 South Carolina Laws Act 27 (H.B. 3008) amend South Carolina Code § 15-3-640 so that, in an action for damages based upon a defective improvement to new construction real property, the date of "substantial completion of th e improvement" is measured from the date of the certificate of occupancy (unless the parties establish a different date by written agreement), superseding the South Carolina Supreme Court's decision in Ocean Winds Corp. of Johns Island v. Lane, 556 S.E.2d 377 (2001)? The Court CERTIFIES the foregoing question to the South Carolina Supreme Court. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/14/2017. (sshe, )

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Plaintiff: Mark Lawrence
Represented By:	Brian C Duffy
Represented By:	Blake Abernethy McKie
Represented By:	J Rutledge Young, III
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Defendant: General Panel Corp
Represented By:	Everett Augustus Kendall, II
Represented By:	Richard Edward McLawhorn, Jr
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