Opinion
Case No. 2010-155428 Unpublished Opinion No. 2013-UP-259
06-19-2013
Spartanburg Sanitary Sewer District, Respondent, v. Randy P. Silver, Appellant. Appellate
Reginald L. Foster, of Reginald L. Foster, PA, of Spartanburg, for Appellant. Lawrence E. Flynn, Jr., of Lister, Flynn & Kelly, PA, of Spartanburg; and Norman Ward Lambert, of Harper Lambert & Brown, P.A., of Greenville, for Respondent.
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Appeal From Spartanburg County
Gordon G. Cooper, Master-in-Equity
AFFIRMED
Reginald L. Foster, of Reginald L. Foster, PA, of Spartanburg, for Appellant.
Lawrence E. Flynn, Jr., of Lister, Flynn & Kelly, PA, of Spartanburg; and Norman Ward Lambert, of Harper Lambert & Brown, P.A., of Greenville, for Respondent. PER CURIAM : Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Inlet Harbour v. S.C. Dep't of Parks, Rec. & Tourism, 377 S.C. 86, 91, 659 S.E.2d 151, 154 (2008) ("In an action at equity, tried by a judge alone, an appellate court may find facts in accordance with its own view of the preponderance of the evidence."); Straight v. Goss, 383 S.C. 180, 192, 678 S.E.2d 443, 449 (Ct. App. 2009) ("However, [appellate courts] are not required to disregard the findings of the trial [court] who saw and heard the witnesses and was in a better position to judge their credibility."); Regions Bank v. Schmauch, 354 S.C. 648, 674-75, 582 S.E.2d 432, 446 (Ct. App. 2003) ("Elements of equitable estoppel as to the party estopped are: (1) conduct by the party estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct shall be acted upon by the other party; and (3) knowledge, actual or constructive, of the true facts."); id. at 675, 582 S.E.2d at 446 ("Application of equitable estoppel does not require an intentional misrepresentation."); S. Dev. Land & Golf Co., Ltd. v. S.C. Pub. Serv. Auth., 311 S.C. 29, 33, 426 S.E.2d 748, 751 (1993) ("Silence, when it is intended, or when it has the effect of misleading a party, may operate as equitable estoppel."); Queen's Grant II Horizontal Prop. Regime v. Greenwood Dev. Corp., 368 S.C. 342, 358, 628 S.E.2d 902, 911 (Ct. App. 2006) (providing estoppel by silence occurs when a party observes another acting in a manner inconsistent with his rights and "makes no objection while the other party changes his position based on the party's silence"). AFFIRMED.
We decide this case without oral argument pursuant to Rule 215, SCACR.