Summary
finding claims of fraud, negligence, and unfair trade practices in a foreclosure action were not compulsory because those claims did not affect the enforceability of the note
Summary of this case from Carolina First Bank v. Badd, L.L.C.Opinion
24371
Heard November 14, 1995
Decided January 22, 1996
Appeal From Richland County Walter J. Bristow, Jr., Special Circuit Judge.
S. Keith Hutto, and James Y. Becker, both of Nelson Mullins Riley Scarborough, L.L.P., of Columbia, for petitioner. Harry A. Swagart, III, of Swagart Walker, P.A., Columbia, for respondent.
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
We granted certiorari to review the Court of Appeals' decision in Advance Internat'l, Inc. v. North Carolina Nat'l Bank, ___ S.C. ___ 449 S.E.2d 580 (Ct.App. 1994). We affirm that decision to the extent it upholds the circuit court order striking the res judicata and compulsory counterclaim defenses from petitioner's answer. We vacate the opinion, however, to the extent it decides in dicta issues related to the doctrines of unclean hands and equitable subordination.
Affirmed in part; vacated in part.