Blumberg v. Nealco, Inc., No. 23809
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | MOORE; HARWELL |
| Citation | 427 S.E.2d 659,310 S.C. 492 |
| Parties | Theresa L. BLUMBERG, Robert L. Blumberg, Frederick Trust, by Frederick J. Loef, and Frederick J. Loef, Petitioners, v. NEALCO, INC., and Robert O. Collins, Respondents. . Heard |
| Docket Number | No. 23809 |
| Decision Date | 06 January 1993 |
Page 659
Frederick J. Loef, and Frederick J. Loef, Petitioners,
v.
NEALCO, INC., and Robert O. Collins, Respondents.
Decided Feb. 22, 1993.
Page 660
Donald J. Budman, of Solomon, Kahn, Budman & Stricker, Charleston, for petitioners.
Desa A. Ballard, of Ness, Motley, Loadholt, Richardson & Poole, P.A., Barnwell, for respondents.
MOORE, Justice:
We granted certiorari to review the Court of Appeals' decision in Blumberg v. Nealco, Inc., --- S.C. ----, 416 S.E.2d 211 (Ct.App.1992). Petitioners Theresa L. Blumberg, Robert L. Blumberg, Frederick Loef, Trust, by Frederick J. Loef, and Frederick J. Loef (Blumberg) contend the Court of Appeals erred in reversing without remand the trial court's award of attorney's fees. We affirm as modified.
[310 S.C. 493] FACTS
In September 1987, Blumberg and Respondents (Nealco) executed a five-year lease. The lease provided for reasonable attorney's fees if Nealco failed to comply with its terms. In August 1988, Blumberg filed a complaint seeking among other things past due and future rent and reasonable attorney's fees. The circuit court awarded Blumberg past due rent and reasonable attorney's fees which he found to be $5,000.00. Nealco appealed.
The Court of Appeals reversed and remanded for reconsideration both the award of damages and attorneys' fees. Nealco moved for a rehearing on the issue of remanding the award of attorney's fees claiming that Blumberg had failed to establish any attorney's fees and should not be permitted to "reopen" the record and introduce evidence on remand. The Court of Appeals modified its holding and reversed the award of attorney's fees and remanded for reconsideration only the award of damages. Blumberg now appeals the Court of Appeals' failure to remand the issue of attorney's fees.
The sole issue for review is whether the Court of Appeals erred in reversing the award of attorney's fees without remanding the issue.
The general rule is that attorney's fees are not recoverable unless authorized by contract or statute. Baron Data Sys., Inc. v. Loter, 297 S.C. 382, 377 S.E.2d 296 (1989); Hegler v. Gulf Ins. Co., 270 S.C. 548, 243 S.E.2d 443 (1978); Collins v. Collins, 239 S.C. 170, 122 S.E.2d 1 (1961). When there is a contract, the award of attorney's fees is left to the discretion of the trial judge and...
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Williamson v. Middleton, No. 4243.
...the review of attorney's fees awarded pursuant to statute is governed by an abuse of discretion standard. See, e.g., Blumberg v. Nealco, 310 S.C. 492, 493, 427 S.E.2d 659, 660 (1993) (finding that a trial judge's decision to award attorney's fees will not be reversed on appeal absent an abu......
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Griffith v. Griffith, No. 2890.
...shall set forth the specific findings of fact and conclusions of law to support the court's decision."); Blumberg v. Nealco, Inc., 310 S.C. 492, 427 S.E.2d 659 (1993) (attorney's fees award pursuant to contract); Atkinson v. Atkinson, 279 S.C. 454, 309 S.E.2d 14 (Ct.App.1983) (per curi......
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Seabrook Island Property v. Berger, No. 4012.
...disagree. The general rule is that attorney's fees are not recoverable unless authorized by contract or statute. Blumberg v. Nealco, Inc., 310 S.C. 492, 493, 427 S.E.2d 659, 660 (1993) (citing Baron Data Sys., Inc. v. Loter, 297 S.C. 382, 377 S.E.2d 296 (1989); Hegler v. Gulf Ins. Co., 270 ......
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Burton v. York County Sheriff's Dept., No. 3771.
...award for attorneys fees will be affirmed so long as sufficient evidence in the record supports each factor.); Blumberg v. Nealco, Inc., 310 S.C. 492, 494, 427 S.E.2d 659, 661 (1993) (When an award of attorneys fees is requested and authorized by contract or statute, the court should make s......
-
Williamson v. Middleton, No. 4243.
...the review of attorney's fees awarded pursuant to statute is governed by an abuse of discretion standard. See, e.g., Blumberg v. Nealco, 310 S.C. 492, 493, 427 S.E.2d 659, 660 (1993) (finding that a trial judge's decision to award attorney's fees will not be reversed on appeal absent an abu......
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Griffith v. Griffith, No. 2890.
...case shall set forth the specific findings of fact and conclusions of law to support the court's decision."); Blumberg v. Nealco, Inc., 310 S.C. 492, 427 S.E.2d 659 (1993) (attorney's fees award pursuant to contract); Atkinson v. Atkinson, 279 S.C. 454, 309 S.E.2d 14 (Ct.App.1983) (per curi......
-
Seabrook Island Property v. Berger, No. 4012.
...disagree. The general rule is that attorney's fees are not recoverable unless authorized by contract or statute. Blumberg v. Nealco, Inc., 310 S.C. 492, 493, 427 S.E.2d 659, 660 (1993) (citing Baron Data Sys., Inc. v. Loter, 297 S.C. 382, 377 S.E.2d 296 (1989); Hegler v. Gulf Ins. Co., 270 ......
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Burton v. York County Sheriff's Dept., No. 3771.
...award for attorneys fees will be affirmed so long as sufficient evidence in the record supports each factor.); Blumberg v. Nealco, Inc., 310 S.C. 492, 494, 427 S.E.2d 659, 661 (1993) (When an award of attorneys fees is requested and authorized by contract or statute, the court should make s......