Thomerson v. Devito
South Carolina Supreme Court
844 S.E.2d 378 (2020)
- Written by Rose VanHofwegen, JD
Facts
Johnny Thomerson (plaintiff) claimed that the former owners of Lenco Marine, Richard Devito and Samuel Mullinax (defendants), promised him a 3 percent ownership interest as part of his compensation package. Devito and Mullinax had already sold the company without giving Thomerson a share, so he sued in federal court seeking monetary damages instead of ownership shares. The court found Thomerson’s claims time-barred under South Carolina’s three-year statute of limitations, except for his promissory estoppel claim. The federal court found no prior state-court rulings to follow on the question and certified it to the South Carolina Supreme Court to decide.
Rule of Law
Issue
Holding and Reasoning (Beatty, C.J.)
Dissent (Few, J.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.