Burbage v. Ramsey

THE STATE OF SOUTH CAROLINA In The Court of Appeals Collins Burbage, Appellant, v. Angela Lynn Ramsey, Thomas M. Ramsey, Kate Elizabeth Benton, Delores M. Garrett, individually and as Personal Representative for the Estate of Arthur F. Burbage, AGSouth Farm Cedit, ACA, Beneficial Mortgage Co. of South Carolina and Palmetto Farm Credit ACA, Defendants, of Whom Angela Lynn Ramsey and Thomas M. Ramsey are the Respondents. Appeal From Berkeley County Robert E. Watson, Master-in-Equity Unpublished Opinion No. 2009-UP-152 Submitted February 2, 2009 – Filed March 30, 2009 AFFIRMED Christopher David Lizzi, of North Charleston, and Thomas C. Nelson, of Mount Pleasant, for Appellant. John J. Dodds, of Mount Pleasant, for Respondents. PER CURIAM: Collins Burbage appeals the master-in-equity's dismissal of his complaint and cancellation of the lis pendens having to do with a piece of property he inherited along with his siblings. Burbage asserts the master erred in finding he had no legal basis under his breach of contract claim to recover damages against Angela and Thomas Ramsey. We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities: Electro Lab of Aiken, Inc. v. Sharp Constr. Co. of Sumter, Inc., 357 S.C. 363, 367, 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach, 337 S.C. 380, 388, 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons, 219 S.C. 40, 48, 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contract, to which he was a party, must show that the contract has been performed on his part, or at least that he was at the appropriate time able, ready and willing so to perform it."); Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (ruling an appellate court need not review remaining issues when its determination of a prior issue is dispositive of the appeal). AFFIRMED. HEARN, C.J., and SHORT, J., and KONDUROS, J., concur.