Supreme Court of South Carolina

Dr. Cynthia Holmes, M.d. v. East Cooper Community Hospital, Inc. — Pleicones, J., Concurring in Part and Dissenting…

March 26, 2014408 S.C. 138

Summary

Justice Pleicons, in a separate opinion concurring in part and dissenting in part, affirms the appellate court’s grant of summary judgment but reverses the trial court’s sanction against the appellant under the Frivolous Civil Proceedings Sanctions Act. He argues that sanctions under subsection (C) may not be imposed on a party when the alleged frivolous conduct is based on facts known to both the party and her attorney at the suit’s inception, and that any sanction should instead target the attorney under subsection (A).

Docket Appellate Case No. 2011-198092; Appellate Case No. 2012-209666; No. 27370

Cited authorities

  • S.C. Code Ann. § 15-36-10
  • S.C. Code Ann. §§ 15-36-10