Hembree v. Taurus .38 Special Sn:Sg53109, 2016-UP-159

• Decision Date: 06 April 2016
• Docket Number: 2016-UP-159
• Parties: J. Gregory Hembree, on Behalf of the Horry County Police Department, Respondent, v. Taurus .38 Special SN:sg53109, 1994 Monaco RV VIN: 1RF120611R1010972, and One Thousand Eight Hundred and Forty Five Dollars ($1, 845.00), Defendant Property, Michaela Albin, Individually and as Personal Representative of the Estate of Michael James Albin, Appellant. Appellate Case No. 2014-001344
• Court: South Carolina Court of Appeals

J. Gregory Hembree, on Behalf of the Horry County Police Department, Respondent, v. Taurus .38 Special SN:sg53109, 1994 Monaco RV VIN: 1RF120611R1010972, and One Thousand Eight Hundred and Forty Five Dollars ($1, 845.00), Defendant Property, Michaela Albin, Individually and as Personal Representative of the Estate of Michael James Albin, Appellant.

Appellate Case No. 2014-001344

No. 2016-UP-159

Court of Appeals of South Carolina

April 6, 2016

UNPUBLISHED OPINION

Submitted December 1, 2015.

Appeal From Horry County Larry B. Hyman, Jr., Circuit Court Judge

David James Canty, of David J. Canty, P.A., of Myrtle Beach, for Appellant.

James Richard Battle, II, of Battle Law Firm, LLC, of Conway, for Respondent.

PER CURIAM:

Michaela Albin, individually and as personal representative of the Estate of Michael James Albin, appeals the circuit court's order. Albin argues the circuit court (1) abused its discretion in denying her attorney's fees and (2) erred in failing to award prejudgment interest and loss of use compensation for a recreational vehicle that was seized by the Horry County Police Department. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:

1. As to the issue of attorney's fees: Video Gaming Consultants, Inc. v. S.C. Dep't of Revenue, 358 S.C 647, 649-50, 595 S.E.2d 890, 891 (Ct. App. 2004) ("On appeal, the [circuit] court's decision regarding an award of attorney's fees under [section 15-77-300 of the South Carolina Code (Supp. 2015)] will not be disturbed absent an abuse of discretion."); S.C. Code Ann. § 15-77-300(A) (Supp. 2015) (permitting the circuit court to award attorney's fees to a prevailing party who is contesting state action); S.C. Code Ann. § 15-77-310 (2005) ("The party shall petition for the attorney's fees within thirty days following final disposition of the case."); McDowell v. S.C. Dep't of Soc Servs., 300 S.C. 24, 26-27, 386 S.E.2d 280, 281 (Ct App. 1989) (noting that "final disposition" of a case occurs when the clerk of the court from which the party appealed files the appellate court's remittitur); Rule 220(c), SCACR ("The appellate court may affirm any ruling, order, decision or judgment upon any ground[] appearing in the Record on Appeal.").

2. As to the issue of prejudgment interest and loss of use compensation: Wilder Corp. v. Wilke, 330 S.C. 71 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first...