2012-UP-274 - Passaloukas v. Bensch
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
and Susie H. Passaloukas, Individually and as Shareholders Derivatively on
Behalf of Zorba's, Inc., Appellants,
Gary Bensch and Zorba's, Inc., Defendants,
Cynthia Bensch and Gary Bensch are the Respondents.
Appeal From Beaufort County
Marvin Dukes, III, Master-in-Equity
Unpublished Opinion No. 2012-UP-274
Heard March 28, 2012 – Filed May 2, 2012
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).
Frank F. Pape, Jr., of Atlanta, for Appellants.
Cynthia Bensch and Gary Bensch, pro se, for Respondents.
WILLIAMS, J., THOMAS, J., and
LOCKEMY, J., concur.