CGBS Residential v. Briggs

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

CGBS Residential, LLC, Respondent,

v.

Christopher Briggs, Appellant.

Appellate Case No. 2016-002021

Appeal From Beaufort County Marvin H. Dukes, III, Master-in-Equity

Unpublished Opinion No. 2018-UP-161 Submitted March 1, 2018 – Filed April 18, 2018

AFFIRMED

Benjamin Terrell Coppage, of Coppage Law Firm, LLC, of Beaufort, for Appellant.

James John Wegmann, of Weidner, Wegmann & Harper, LLC, of Beaufort, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Query v. Burgess, 371 S.C. 407, 410, 639 S.E.2d 455, 456 (Ct. App. 2006) ("In an action at law, 'we will affirm the master[-in-equity]'s factual findings if there is any evidence in the record which reasonably supports them.'" (quoting

Lowcountry Open Land Tr. v. State, 347 S.C. 96, 101-02, 552 S.E.2d 778, 781 (Ct. App. 2001))); Roche v. Young Bros., of Florence, 332 S.C. 75, 81, 504 S.E.2d 311, 314 (1998) ("It is well settled that by suffering a default, the defaulting party is deemed to have admitted the truth of the plaintiff's allegations and to have conceded liability."); Howard v. Holiday Inns, Inc., 271 S.C. 238, 242, 246 S.E.2d 880, 882 (1978) (finding a defaulting defendant admits liability but does not concede the damages set forth in the prayer for relief); Jackson v. Midlands Human Res. Ctr., 296 S.C. 526, 529, 374 S.E.2d 505, 506 (Ct. App. 1988) ("In a default case, the plaintiff must prove by competent evidence the amount of his damages, and such proof must be by a preponderance of the evidence."); id. ("[T]he award of damages must be in keeping not only with the allegations of the complaint and the prayer for relief, but also with the proof that has been submitted.").

AFFIRMED.1

LOCKEMY, C.J., and WILLIAMS and KONDUROS, JJ., concur.

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