Lamar W. Dawkins and George W. Chisholm, Respondents v. Richard E. Fields; Louis O. Dore; Margaret W. Lesesne…

Summary

The Supreme Court of South Carolina reversed the Court of Appeals and upheld summary judgment for Seaside's directors, officers, and affiliated corporations. It held that the expert affidavit was predominantly impermissible legal argument, the verified complaint did not satisfy the requirements for use as a summary-judgment affidavit, and the properly admissible record showed no genuine issue of material fact. The court also held that summary judgment was not premature because respondents had sufficient time for discovery and could not show that additional discovery would likely produce relevant evidence. Justice Pleicones, dissenting, would have affirmed the Court of Appeals because the verified complaint raised a genuine issue concerning breach of fiduciary duty.