gravamen claim in South Carolina

2018As to whether the trial court erred in dismissing its aiding and abetting cause of action: Vortex Sports & Entm't, Inc. v. Ware, 378 S.C. 197, 204 , 662 S.E.2d 444, 448 (2008) ("The elements for a cause of action of aiding and abetting a breach of fiduciary duty are: (1) a breach of a fiduciary duty owed to the plaintiff; (2) the defendant's knowing participation in the breach; and (3) damages."); Future Group, II v. Nationsbank, 324 S.C. 89, 99 , 478 S.E.2d 45, 50 (1996) ("The gravamen of the claim is the defendant's knowing participation in the fiduciary's breach."). 4.

2018As to whether the trial court erred in dismissing its aiding and abetting cause of action: Vortex Sports & Entm't, Inc. v. Ware, 378 S.C. 197, 204 , 662 S.E.2d 444, 448 (2008) ("The elements for a cause of action of aiding and abetting a breach of fiduciary duty are: (1) a breach of a fiduciary duty owed to the plaintiff; (2) the defendant's knowing participation in the breach; and (3) damages."); Future Group, II v. Nationsbank, 324 S.C. 89, 99 , 478 S.E.2d 45, 50 (1996) ("The gravamen of the claim is the defendant's knowing participation in the fiduciary's breach."). 4.

2012"The gravamen of the claim is the defendant's knowing participation in the fiduciary's breach." Id.; see Gordon v. Busbee, 397 S.C. 119, 133-34 , 723 S.E.2d 822, 830 (Ct. App. 2012) (affirming the grant of directed verdict in favor of an attorney on aiding and abetting breach of personal representative's fiduciary duty and finding that even if the attorney should have conducted additional investigation into the assets of the estate, that does not constitute evidence of actual knowledge of improper activity on the personal representative's part).

2012"The gravamen of the claim is the defendant's knowing participation in the fiduciary's breach." Id.; see Gordon v. Busbee, 397 S.C. 119, 133-34 , 723 S.E.2d 822, 830 (Ct. App. 2012) (affirming the grant of directed verdict in favor of an attorney on aiding and abetting breach of personal representative's fiduciary duty and finding that even if the attorney should have conducted additional investigation into the assets of the estate, that does not constitute evidence of actual knowledge of improper activity on the personal representative's part).

2018As to whether the trial court erred in dismissing Church's conversion cause of action: Mullis v. Trident Emergency Physicians, 351 S.C. 503, 506-07 , 570 S.E.2d 549, 550 (Ct. App. 2002) ('"Conversion' is defined as the unauthorized assumption and exercise of the rights of ownership over goods or personal chattels belonging to another, to the alteration of their condition or to the exclusion of the rights of the owner."); id. at 507 , 570 S.E.2d at 551 ("Money . . . may be the subject of conversion if 'it is capable of being identified and there may be conversion of determinate sums even though

2018As to whether the trial court erred in dismissing Church's conversion cause of action: Mullis v. Trident Emergency Physicians, 351 S.C. 503, 506-07 , 570 S.E.2d 549, 550 (Ct. App. 2002) ('"Conversion' is defined as the unauthorized assumption and exercise of the rights of ownership over goods or personal chattels belonging to another, to the alteration of their condition or to the exclusion of the rights of the owner."); id. at 507 , 570 S.E.2d at 551 ("Money . . . may be the subject of conversion if 'it is capable of being identified and there may be conversion of determinate sums even though

2018As to whether the trial court erred in dismissing its aiding and abetting cause of action: Vortex Sports & Entm't, Inc. v. Ware, 378 S.C. 197, 204 , 662 S.E.2d 444, 448 (2008) ("The elements for a cause of action of aiding and abetting a breach of fiduciary duty are: (1) a breach of a fiduciary duty owed to the plaintiff; (2) the defendant's knowing participation in the breach; and (3) damages."); Future Group, II v. Nationsbank, 324 S.C. 89, 99 , 478 S.E.2d 45, 50 (1996) ("The gravamen of the claim is the defendant's knowing participation in the fiduciary's breach."). 4.

2018As to whether the trial court erred in dismissing its aiding and abetting cause of action: Vortex Sports & Entm't, Inc. v. Ware, 378 S.C. 197, 204 , 662 S.E.2d 444, 448 (2008) ("The elements for a cause of action of aiding and abetting a breach of fiduciary duty are: (1) a breach of a fiduciary duty owed to the plaintiff; (2) the defendant's knowing participation in the breach; and (3) damages."); Future Group, II v. Nationsbank, 324 S.C. 89, 99 , 478 S.E.2d 45, 50 (1996) ("The gravamen of the claim is the defendant's knowing participation in the fiduciary's breach."). 4.

2015Thomas and Daniel, as trustees, owed the beneficiaries of the trusts a fiduciary duty.1 See Univ. of S. Cal. v. Moran, 365 S.C. 270, 281 , 617 S.E.2d 135, 141 (Ct. App. 2005) (stating a trustee "has a fiduciary obligation to administer the trust in the best interests of the trust beneficiaries").

2015Thomas and Daniel, as trustees, owed the beneficiaries of the trusts a fiduciary duty.1 See Univ. of S. Cal. v. Moran, 365 S.C. 270, 281 , 617 S.E.2d 135, 141 (Ct. App. 2005) (stating a trustee "has a fiduciary obligation to administer the trust in the best interests of the trust beneficiaries").

2011The claimant must exercise reasonable diligence in discerning compensability. *314 See Snell v. Columbia Gun Exch., Inc., 276 S.C. 301, 303 , 278 S.E.2d 333, 334 (1981) ("The exercise of reasonable diligence means simply that an injured party must act with some promptness where the facts and circumstances of an injury would put a person of common knowledge and experience on notice that some right of his has been invaded or that some claim against another party might exist.

2011The claimant must exercise reasonable diligence in discerning compensability. *314 See Snell v. Columbia Gun Exch., Inc., 276 S.C. 301, 303 , 278 S.E.2d 333, 334 (1981) ("The exercise of reasonable diligence means simply that an injured party must act with some promptness where the facts and circumstances of an injury would put a person of common knowledge and experience on notice that some right of his has been invaded or that some claim against another party might exist.