Neeltec Enterprises v. Long

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Petitioner Neeltec Enterprises, Inc., d/b/a/ Fireworks Supermarket, appealed an order requiring it to substitute two corporations as defendants in its SCUPTA suit in lieu of the individual Willard Long against whom it had brought suit. Petitioner operated a fireworks store near I-95. Defendant Long was alleged to have operated a competing fireworks store "Fireworks Superstore" near I-95. Petitioner alleged that Long first changed his store's name to closely resemble Petitioner's. Petitioner then redecorated the outside of his building facing I-95 traffic with an advertising display. Long allegedly retaliated by moving a 45- foot long, 9-foot tall storage container onto his property, effectively blocking travelers' views of Petitioner's wall advertisement. Petitioner alleged that, by his actions, Long had violated the SCUTPA. Long answered, and subsequently filed a "Motion for Summary Judgment or, in the Alternative, for Substitution of Parties." Long asserted he never owned the Fireworks Superstore, but that it had been owned by Hobo Joes, Inc., when the suit was commenced and was now owned by Foxy's Fireworks Superstore, Inc., both South Carolina corporations.  He sought either summary judgment because Petitioner had sued the wrong party or an order that Long be dropped as a party and that Hobo Joe's and Foxy's Fireworks be added as defendants. The special referee granted Long's motion in part, finding he was not "the proper defendant. Petitioner appealed and the Court of Appeals dismissed the appeal. Upon review, the Supreme Court held that the order requiring Petitioner to discontinue its SCUPTA suit against Long affected its substantial right to name its defendant, making it immediately appealable. The decision of the Court of Appeals dismissing the appeal was reversed, and the matter was remanded for consideration of the merits of Petitioner's appeal. View "Neeltec Enterprises v. Long" on Justia Law