JOSEPH ANDERSON, Chief Judge, District
By order dated May 25, 2004, this court granted summary judgment to the plaintiffs on a number of issues and set for a non-jury trial the damage award for the counterclaim by the defendant Harvey Belson. The court has now been informed by the parties that the claims by and against Mr. Belson have been resolved by way of a compromise. The compromise relates to the claims by and against Mr. Belson only; parties have agreed to preserve their right to appeal adverse rulings of this court regarding all other claims.
For this reason, the claims by and against defendant Harvey Belson are hereby dismissed with prejudice. This court's order of May 25, 2004, serves to resolve all other issues in this case. The Clerk is authorized to enter final judgment in accordance with that order.
The court has observed one technical error in the May 25 order. Specifically, in the introductory paragraphs, there is a reference to the fact that "the courts of South Carolina" have never decided the precise issue presented in this case. That introduction was drafted after the first round of argument and before the court was made aware of a decision of a circuit judge in the case of Ollie's Seafood v. Selective Insurance Company. Thus, when the opinion was concluded, reference was made to the Ollie's Seafood case. The introductory paragraph is, therefore, technically incorrect. For this reason, the court will reenter the May 25 order correctly indicating that the Supreme Court of South Carolina has never considered the precise issue presented in this case.
IT IS SO ORDERED.