Carolina Park Associates v. Marino
Annotate this Case
Carolina Park Associates, LLC, lost its interest in a parcel of real property through foreclosure. At the foreclosure sale, an affiliate of one of Carolina Park Associates’ members purchased the property. Appellant Republic-Charleston, the managing member of Carolina Park Associates, contended that the circuit court erred when it dismissed claims seeking to impose a constructive trust in the property and when it cancelled a lis pendens filed by Appellants. Upon review, the Supreme Court concluded Appellants failed to state a claim for which imposition of a constructive trust would have been an appropriate remedy because the facts alleged, even viewed in the light most favorable to them, did not present circumstances in which an equitable remedy was required or needed. Moreover, because dismissal of the claims seeking to impose a constructive trust on the Property was proper, cancellation of the lis pendens was proper.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.