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307 S.C. 440

Builderama, Inc. v. Morton

Supreme Court of South Carolina

Decided March 16, 1992

Supreme Court of South Carolina · decided 1992-03-16

Decided 1992-03-16

Harwell, Chief Justice:

¶1The issue is whether the trial judge erred in denying appellant Otto Morton d/b/a Morton Home Builders a jury trial. We reverse and remand for trial.

¶2I. FACTS

¶3Respondent Builderama, Inc. instituted a collection action against appellant for the balance due on a commercial credit account. Appellant denied the allegations of the complaint, asserted a counterclaim, and demanded a jury trial. The trial judge denied appellant’s demand for a jury trial and referred the action to the master-in-equity.

¶4II. DISCUSSION

¶5Appellant asserts that the trial judge erred in denying him a jury trial. We agree.

¶6Issues of fact in an action for the recovery of money must be tried by a jury, unless a jury trial be waived. Rule 38(a), SCRCP. The compulsory order of reference to the master-in*441equity deprived appellant of a mode of trial to which he is entitled as a matter of right, and thus was improper.

¶7We hold that the trial judge erred in denying appellant a jury trial. The order of the trial judge denying appellant’s demand for a jury trial is reversed, and the case remanded for trial.

¶8Reversed and remanded.

Chandler, Finney, Toal and Moore, JJ., concur.
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