Keeney's Metal Roofing, Inc. v. Palmieri
Decision Date | 18 June 2001 |
Docket Number | No. 3356.,3356. |
Citation | 548 S.E.2d 900,345 S.C. 550 |
Parties | KEENEY'S METAL ROOFING, INC., Respondent, v. Brian A. PALMIERI, Cohn Development Group, Inc., First Palmetto Savings Bank, FSB, American Tool and Die Company, Inc., and American Manufacturers Mutual Insurance Company, Defendants, Of Whom Brian A. Palmieri, First Palmetto Savings Bank, FSB, and American Tool and Die Company, Inc., are, Appellants. |
Court | South Carolina Court of Appeals |
R. Bryan Barnes and Jennifer L. Wile, both of Rogers, Townsend & Thomas, of Columbia, for appellants.
Cary M. Ayer, of Nicholson, David, Frawley, Anderson & Ayer, of Lexington, for respondent.
In this civil action, Brian A. Palmieri, American Tool and Die Company, Inc. ("ATD"), and First Palmetto Savings Bank, FSB ("First Palmetto") (collectively "Appellants"), moved the Circuit Court for an award of attorney's fees and costs following their dismissal from the suit pursuant to Rule 12(b)(6), SCRCP. The court denied Appellants' motion, holding, in part: "[N]either the underlying policies of the mechanic's lien statutes nor the language of the statutes themselves contemplate or authorize awarding procedurally dismissed parties statutory attorney's fees and costs." We reverse and remand.
Palmieri hired a general contractor, Cohn Development Group, Inc. ("Cohn") to construct a building on property he owned. Cohn then subcontracted with the respondent, Keeney's Metal Roofing, Inc., ("Keeney") to complete part of the work. Keeney later filed a mechanic's lien for the labor and materials used in constructing the building, claiming Cohn would not pay what was owed to it. Keeney named Palmieri and ATD as the owners, and Cohn as general contractor. After the lien was filed, Cohn posted a surety bond pursuant to S.C.Code Ann. § 29-5-110. As a result, the lien was transferred off the land and onto the bond. American Manufacturers Mutual Insurance Company ("American Manufacturers") issued the bond.
Despite the posting of the bond, Keeney sought to foreclose on the lien. Appellants, Cohn, and American Manufacturers were named as defendants in the action.
Pursuant to Rule 12(b)(6), the Circuit Court dismissed Appellants from Keeney's foreclosure action because the bond posted by Cohn discharged the lien on the property. Following their dismissal, Appellants filed a motion for attorney's fees and costs pursuant to § 29-5-20(A), asserting they had "defended and prevailed" against Keeney's mechanic's lien.
The court refused to grant attorney's fees to Appellants, finding:
Did the Circuit Court err as a matter of law by failing to award attorney's fees and costs to Appellants?
An action to foreclose a mechanic's lien is a law case in South Carolina. Adams v. B & D, Inc., 297 S.C. 416, 377 S.E.2d 315 (1989).
The determination as to the amount of attorney's fees that should be awarded under the mechanic's lien statute is addressed to the sound discretion of the trial court. D.A. Davis Constr. Co. v. Palmetto Props., Inc., 281 S.C. 415, 315 S.E.2d 370 (1984). The court's decision regarding such a matter will not be disturbed absent an abuse of discretion. Id. An abuse of discretion occurs when, inter alia, the trial judge's ruling is based upon an error of law. Bayle v. South Carolina Dep't of Transp., 344 S.C. 115, 542 S.E.2d 736 (Ct.App.2001), cert. pending.
Appellants argue the Circuit Court erred in finding they were not entitled to attorney's fees and costs because they prevailed procedurally. We agree.
As a general rule, attorney's fees are not recoverable unless authorized by contract or statute. Jackson v. Speed, 326 S.C. 289, 486 S.E.2d 750 (1997); Blumberg v. Nealco, Inc., 310 S.C. 492, 427 S.E.2d 659 (1993). Section 29-5-20(A) requires the court to award reasonable attorney's fees and costs to the party defending against the mechanic's lien if the defending party "prevails" in the action. See Utilities Constr. Co. v. Wilson, 321 S.C. 244, 248, 468 S.E.2d 1, 3 (Ct.App.1996)
() (citation omitted).
Our courts have defined "prevailing party." See Heath v. County of Aiken, 302 S.C. 178, 182-83, 394 S.E.2d 709, 711 (1990)
( )(citation omitted); Seckinger v. Vessel Excalibur, 326 S.C. 382, 483 S.E.2d 775 (Ct.App.1997) ( ); Cedar Creek Props. v. Cantelou Assocs., Inc., 320 S.C. 483, 486, 465 S.E.2d 774, 776 (Ct.App.1995) ) (footnote omitted); Maddux Supply Co. v. Safhi, Inc., 316 S.C. 404, 450 S.E.2d 101 (Ct.App.1994) ( ); Jasper County Bd. of Educ. v. Jasper County Grand Jury, 303 S.C. 49, 398 S.E.2d 498 (1990) ( ).
In the instant case, the Circuit Court determined the mechanic's lien could not be enforced against Appellants because, under § 29-5-110, the surety bond took the place of the property upon which the lien existed. That section...
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In re Killian, C/A No. 05-14629-HB (Bankr. S.C. 7/23/2009)
...are not recoverable unless authorized by contract or statute." 2 S.C. Jur. Attorney Fees § 2 (citing Keeney's Metal Roofing, Inc. v. Palmieri, 345 S.C. 550, 553 (S.C. Ct. App. 2001); Dowaliby v. Chambless, 344 S.C. 558, 561-62 (S.C. Ct. App. 2001); Harvey v. South Carolina Dept. of Correcti......
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ZEPSA CONST., INC. v. Randazzo
...STANDARD OF REVIEW "An action to foreclose a mechanic's lien is a law case in South Carolina." Keeney's Metal Roofing, Inc. v. Palmieri, 345 S.C. 550, 553, 548 S.E.2d 900, 901 (Ct.App.2001). "In an action at law, tried without a jury, the judge's findings will not be disturbed unless they a......
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Zepsa Const., Inc v. Randazzo, 3673.
...STANDARD OF REVIEW "An action to foreclose a mechanic's lien is a law case in South Carolina." Keeney's Metal Roofing, Inc. v. Palmieri, 345 S.C. 550, 553, 548 S.E.2d 900, 901 (Ct.App.2001). "In an action at law, tried without a jury, the judge's findings will not be disturbed unless they a......
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STATE AUTO PROP. & CAS. INS. v. Raynolds
...We agree. Attorney's fees are generally not recoverable unless authorized by contract or statute. Keeney's Metal Roofing, Inc. v. Palmieri, 345 S.C. 550, 553, 548 S.E.2d 900, 902 (Ct.App.2001). The Raynolds do not assert any statutory right to recover, so they must recover, if at all, upon ......