Supreme Court of South Carolina

Russ and Lee Pye, Justin Enterprises, a South Carolina General Partnership, Appellants v. Estate of Dorothy T. Fox…

July 24, 2006369 S.C. 555

Summary

The court affirmed summary judgment for attorney Hill and a directed verdict for the Foxes on the Pyes' civil-conspiracy claims. The Pyes' independent-duty theory against Hill was unpreserved because it was raised for the first time on appeal, while their scope-of-representation theory was preserved but failed for lack of evidence of an agreement to injure them. The directed verdict was proper because the trial evidence likewise presented no evidence of that necessary conspiracy element.