CourtListener 10137267•Forest Oaks v. W. E. Grading & Sand
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THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Forest Oaks, LLC,
Appellant,
v.
W. E. Grading & Sand, LLC,
Respondent.
Appeal From Greenville County
Larry R. Patterson, Circuit Court Judge
Unpublished Opinion No. 2003-UP-646
Submitted August 20, 2003 Filed November 4, 2003
AFFIRMED
David Edward Belding and Gilbert Scott Bagnell, both of Columbia,
for Appellant.
Kevin Phillip Brady and Randall S. Hiller, both of Greenville,
for Respondent.
PER CURIAM: Forest Oaks, LLC, filed a complaint
against W.E. Grading & Sand, LLC, seeking damages for breach of a grading
contract and injury to property. W.E. Grading counterclaimed on a mechanics
lien for the balance due on its grading contract. The jury entered two verdicts:
one in favor of Forest Oaks in the amount of $12,750, and another in favor of
W.E. Grading in the amount of $30,933. Following the verdict, W.E. Grading
moved for attorneys fees under the mechanics lien statute, and the court entered
an order awarding W.E. Grading $9,355 in attorneys fees.
Forest Oaks appeals, arguing the evidence W.E.
Grading presented was insufficient to show its entitlement to attorneys fees
and, even if it was sufficient, that W.E. Grading was not entitled to attorneys
fees because Forest Oaks was the prevailing party. We affirm
[1] pursuant to Rule 220, SCACR, and the following authorities: S.C.
Code Ann. § 29-5-10(b) (Supp. 2002); Stevenson v. Stevenson, 295 S.C.
412, 368 S.E.2d 901 (1988) (stating that the trial courts award of attorneys
fees will not be overturned unless it is controlled by an error of law or is
without evidentiary support); Humbert v. State, 345 S.C. 332, 548 S.E.2d
862 (2001) (requiring an issue to be raised to and ruled upon by the trial judge
in order to preserve it for appellate review); Richland County v. Kaiser,
351 S.C. 89, 96-97, 567 S.E.2d 260, 264 (Ct. App. 2002) (An abuse of discretion
occurs when a courts decision is controlled by an error of law or is without
evidentiary support.); Lauro v. Visnapuu, 351 S.C. 507, 522, 570 S.E.2d
551, 558 (Ct. App. 2002) (Under our statutory scheme, the award of fees to
the prevailing party in a mechanics lien action is automatic and mandatory.).
AFFIRMED.
HEARN, C.J., CONNOR and ANDERSON, JJ., concur.
[1] We affirm this case without oral argument pursuant
to Rule 215, SCACR.
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