McGee v. Thornton, Appellate Case No. 2012-208046

CourtCourt of Appeals of South Carolina
Writing for the CourtPER CURIAM
PartiesTim McGee, Appellant, v. David Thornton and Thornton Brothers Construction, Respondents.
Docket NumberUnpublished Opinion No. 2013-UP-156,Appellate Case No. 2012-208046
Decision Date17 April 2013

Tim McGee, Appellant,
v.
David Thornton and Thornton Brothers Construction, Respondents.

Appellate Case No. 2012-208046
Unpublished Opinion No. 2013-UP-156

STATE OF SOUTH CAROLINA In The Court of Appeals

Heard March 13, 2013
Filed April 17, 2013


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Appeal From Dorchester County
Edgar W. Dickson, Circuit Court Judge.

AFFIRMED

Max G. Mahaffee, of Grimball & Cabaniss, LLC, of Charleston, for Appellant.

Zachary J. Closser, of Smith & Koontz P.A., of Charleston, for Respondents.

PER CURIAM: Tim McGee appeals the circuit court's order dismissing his complaint and entering judgment in favor of David Thornton and Thornton Brothers Construction (collectively, Thornton). We affirm.

Page 2

1. As to whether the circuit court erred by finding McGee was the general contractor on the project, we find the record supports the circuit court's finding. See Townes Assocs., Ltd., v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976) ("In an action at law, on appeal of a case tried without a jury, the findings of fact of the judge will not be disturbed upon appeal unless found to be without evidence which reasonably supports the judge's findings."). At trial, the homeowner testified that he hired McGee to supervise the construction of the home. Similarly, McGee testified that he was hired by the homeowner to "oversee" construction. Additionally, McGee admitted that he hired, supervised, and paid the subcontractors on the project. See S.C. Code Ann. § 40-59-20(6) (2011) (defining a residential builder as "one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure" (emphasis added)).

2. As to whether the circuit court erred in finding McGee's action to recover damages under the contract was barred by section 40-59-30(B) of the South Carolina Code (2011), we affirm. Section 40-59-30(B) prohibits an unlicensed residential builder from enforcing a residential construction contract. McGee...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT