Elawyers Elawyers
Ohio| Change

GRAZIA v. SOUTH CAROLINA STATE PLASTERING, LLC, 2013-UP-496. (2013)

Court: Court of Appeals of South Carolina Number: inscco20131223534 Visitors: 3
Filed: Dec. 23, 2013
Latest Update: Dec. 23, 2013
Summary: 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), SCARC. PER CURIAM. Del Webb Communities Inc., Pulte Homes, Inc., and South Carolina State Plastering, LLC appeal the circuit court's denial of their request to reinstate a previously existing injunction restricting communications between Anthony and Barbara Grazia's attorneys and other potential class members in this defective stucco litigation. We af
More

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), SCARC.

PER CURIAM.

Del Webb Communities Inc., Pulte Homes, Inc., and South Carolina State Plastering, LLC appeal the circuit court's denial of their request to reinstate a previously existing injunction restricting communications between Anthony and Barbara Grazia's attorneys and other potential class members in this defective stucco litigation. We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities: Peek v. Spartanburg Reg'l Healthcare Sys., 367 S.C. 450, 454, 626 S.E.2d 34, 36 (Ct. App. 2005) ("The grant or denial of an injunction by the [circuit] court will not be reversed absent an abuse of discretion."); id. ("An abuse of discretion occurs when the decision of the [circuit] court is unsupported by the evidence or controlled by an error of law."); Eldridge v. City of Greenwood, 308 S.C. 125, 128, 417 S.E.2d 532, 534 (1992) ("An order limiting communications between parties and potential class members should be based on a clear record and specific findings that reflect a weighing of the need for a limitation and the potential interference with the rights of the parties." (emphasis added) (quoting Gulf Oil Co. v. Bernard, 452 U.S. 89, 101 (1981)); id. at 127, 417 S.E.2d at 534 ("Orders which severely limit [plaintiff's] contact with potential members of the class are authorized only under the general grant of power in Rule 23(d)(2). The specific grants of power in Rule 23(d), SCRCP[,] are directed towards notifying the absent parties of the pending litigation.") (emphasis added).

AFFIRMED.

FEW, C.J., and PIEPER and KONDUROS, JJ., concur.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer