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GETSINGER v. MIDLANDS ORTHOPAEDIC

No. 2687.

327 S.C. 424 (1997)

489 S.E.2d 223

W.J. GETSINGER, Jr. and Hugh C. Horry, Appellants, v. MIDLANDS ORTHOPAEDIC PROFIT SHARING PLAN, Ercell P. McGowan, Robert D. Peeples, Southern Pine Plantations, Inc., P.L. Tuten, Julia Ann Tuten, Julia Ann Pope, Jasper County, and all other persons unknown or having or claiming any right, title, estate, or interest in or lien upon the real property described in the Complaint herein, being designated collectively as Jane Doe and Richard Roe, including all heirs, distributees, or devisees of any unknown persons in the Armed Forces of the United States of America, any minors, and including persons non compos mentis and all other persons under any disability of any kind or nature who might have claim to or any right, title, estate, or interest in or lien upon the real property described in the Complaint, Respondents.

Court of Appeals of South Carolina.

Decided June 16, 1997.

Rehearing Denied August 28, 1997.

Attorney(s) appearing for the Case

R. Thayer Rivers, Jr., Ridgeland, for Appellants.

Darrell Thomas Johnson, Jr., Hardeeville, for Respondents.

ANDERSON, Judge:

W.J. Getsinger, Jr. and Hugh C. Horry (Appellants) appeal the circuit court's order granting a directed verdict in favor of Respondent Midlands Orthopaedic Profit Sharing Plan (Midlands).1 The judge found as a matter of law that Midlands and its predecessors in title had adversely possessed a parcel of land claimed by Appellants. We reverse and remand for a new trial.

FACTS/PROCEDURAL BACKGROUND

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