Campbell v. Lyerly

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Harvey R. Campbell, Jr., d/b/a Metal Construction and
Roofing, Appellant,

v.

Lee Lyerly and Ellen Marie Stone Lyerly, Respondents.

Appellate Case No. 2016-002315

Appeal From Florence County
William H. Seals, Jr., Circuit Court Judge

Unpublished Opinion No. 2017-UP-438
Submitted October 1, 2017 – Filed November 22, 2017

AFFIRMED

Louis David Nettles, of Folkens Law Firm, P.A., of
Florence, for Appellant.

Gary Ivan Finklea, of Finklea Law Firm, of Florence, for
Respondents.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: S.C. Code Ann. § 40-59-30(B) (2011) ("[A] person or firm who first
has not procured a license or registered with the [South Carolina Residential
Builders Commission] and is required to do so by law may not file a mechanics'
lien or bring an action at law or in equity to enforce the provisions of a contract for
residential building or residential specialty contracting which the person or firm
entered into in violation of this chapter."); Martin v. Ellisor, 266 S.C. 377, 381,
223 S.E.2d 415, 417 (1976) ("When . . . the statute is plain and unambiguous, it
becomes the duty of the court to apply it literally because the legislative design is
unmistakable."); Duckworth v. Cameron, 270 S.C. 647, 649, 244 S.E.2d 217, 218
(1978) ("Any builder who violates [section 40-59-30(B)] by entering into a
contract for home construction without obtaining the required license simply
cannot enforce the contract.").

AFFIRMED.1

SHORT, KONDUROS, and GEATHERS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.