Opinion
2012-UP-274
05-02-2012
Bill Passaloukas and Susie H. Passaloukas, Individually and as Shareholders Derivatively on Behalf of Zorba's, Inc., Appellants, v. Cynthia Bensch, Gary Bensch and Zorba's, Inc., Defendants, Of whom, Cynthia Bensch and Gary Bensch are the Respondents.
Frank F. Pape, Jr., of Atlanta, for Appellants. Cynthia Bensch and Gary Bensch, pro se, for Respondents.
UNPUBLISHED OPINION
Heard March 28, 2012
Appeal From Beaufort County, Marvin Dukes, III, Master-in-Equity.
Frank F. Pape, Jr., of Atlanta, for Appellants.
Cynthia Bensch and Gary Bensch, pro se, for Respondents.
PER CURIAM
Bill Passaloukas and Susie H. Passaloukas (Appellants) appeal the master-in-equity's order denying their causes of action related to the conduct of their business partners, Cynthia Bensch and Gary Bensch. Appellants' claims included breach of fiduciary duty, unfair trade practices, and misappropriation of corporate assets, as well as individual and derivative claims for damages resulting from the alleged conversion of corporate and personal property. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Wilder Corp. v. Wilke, 324 S.C. 570, 577, 479 S.E.2d 510, 513 (Ct. App. 1996) (holding in an action in equity, the appellate court may resolve questions of fact in accordance with its own view of the preponderance of the evidence); Laughon v. O'Braitis, 360 S.C. 520, 524-25, 602 S.E.2d 108, 111 (Ct. App. 2004) (holding this broad scope of review does not require this Court to disregard the findings at trial or to ignore the fact that the master was in a better position to assess the credibility of the witnesses).
AFFIRMED.
WILLIAMS, J., THOMAS, J., and LOCKEMY, J., concur.