Passaloukas v. Bensch

• Court: Court of Appeals of South Carolina
• Decided: May 2, 2012
• Docket: 2012-UP-274
• Status: Unpublished

Opinion

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

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.

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Appeal From Beaufort County
Marvin Dukes, III, Master-in-Equity

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Unpublished Opinion No. 2012-UP-274
Heard March 28, 2012 – Filed May 2, 2012   

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AFFIRMED

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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.