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Paul Sperry and Tyler Winton Prevail in South Carolina Court of Appeals

February 27, 2019

Paul Sperry and Tyler Winton recently obtained a decision from the S.C. Court of Appeals upholding the decision of the trial court granting their Motion for Summary Judgment on behalf of the architectural firm they represent.  Plaintiff filed her lawsuit on October 8, 2014 against numerous defendants, including the client, seeking recovery for damages allegedly related to design and construction deficiencies with her 11,000 square-foot beachfront home.  After the collection of facts and key testimony through written and deposition discovery efforts, Paul and Tyler filed and argued a Motion for Summary Judgment based on numerous grounds including the contention that the claims by Plaintiff were barred based on the expiration of the applicable statute of limitations.  The trial court granted the Motion for Summary Judgment.

Plaintiff then appealed the decision to the S.C. Court of Appeals.  After briefing and oral argument, the S.C. Court of Appeals issued a decision on January 16, 2019, affirming the trial court’s grant of summary judgment in favor of Paul and Tyler’s client.  It should be noted that the time has not expired for  the homeowner to seek a rehearing from the Court.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.