CourtListener 10138013•Meetze v. Saylors
Texte intégral
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE
239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
James A. Meetze, Appellant,
v.
Freda Saylors and Toby O. Saylors, Respondents.
Appeal From Charleston County
B. Hicks Harwell, Jr., Circuit Court
Judge
Unpublished Opinion No. 2005-UP-049
Submitted January 1, 2005 Filed January
19, 2005
REVERSED IN PART AND REMANDED
Christopher B. Staubes, III, of Charleston, for Appellant.
Freda Saylors and Toby Saylors, pro se Respondents.
PER CURIAM: James A. Meetze appeals from a circuit court order that
granted him summary judgment in his action to enforce restrictive covenants
in a residential neighborhood, but denied his request for attorneys fees and
costs. Meetze argues the circuit court erred in denying his request for attorneys
fees and costs because the restrictive covenants provide for an award of both
to a prevailing party. We reverse in part and remand.
[1]
FACTS
Meetze filed this action in 2002 against Freda Saylors and Toby Saylors
to enforce restrictive covenants in the Pirates Cove subdivision of Mount Pleasant,
South Carolina. Meetze alleged in his complaint that the Saylors were in violation
of paragraph fourteen of the covenants, which prohibits parking house trailers,
mobile homes, campers, or other habitable vehicles, as well as commercial vehicles,
on lots within the subdivision.
Meetze included in his complaint a request for attorneys fees and costs as
provided for by paragraph twenty-two of the covenants, entitled Enforcement
of Restrictions. This paragraph states in relevant part:
Any owner found by a court of law or equity to be in violation of these covenants
and restrictions shall pay a reasonable attorneys fee to the Plaintiff, together
with all costs of litigation.
In 2003, Meetze moved for summary judgment. The circuit court granted
Meetzes motion and ordered the Saylors to remove any prohibited vehicles parked
or stored on their lots. The court noted that Meetze had presented an affidavit
of reasonable attorneys fees and costs in the amount of $1,977.50 for fees[]
and $161.30 in actual costs for which he requested recovery pursuant to paragraph
twenty-two of the restrictive covenants. The court denied the request, however,
and this appeal followed.
LAW/ANALYSIS
On appeal, Meetze contends the circuit court abused its discretion
in denying his request for attorneys fees and costs. [2] We agree.
Under South Carolina common law, a prevailing party generally has
no right to recover attorneys fees unless they are provided for by contract
or authorized by statute. Jackson v. Speed, 326 S.C. 289, 486 S.E.2d
750 (1997); Harris-Jenkins v. Nissan Car Mart, Inc., 348 S.C. 171, 557
S.E.2d 708 (Ct. App. 2001).
In this case, there is a contractual basis for an award of attorneys
fees. As noted above, paragraph twenty-two of the restrictive covenants expressly
provides that any owner found in violation of the covenants by a court shall
pay a reasonable attorneys fee to the Plaintiff, together with all costs
of litigation. [Emphasis added.]
In Prevatte v. Asbury Arms, 302 S.C. 413, 396 S.E.2d 642 (Ct. App. 1990),
this Court considered a provision of the Landlord-Tenant Act that stated a tenant
may recover reasonable attorneys fees and determined that, to the extent
the word may connoted discretion, it referred to the tenants right to elect
a statutory remedy and it did not mean the trial judge could deny a remedy clearly
provided for by the statute. Id. at 415, 396 S.E.2d at 643. We concluded
[t]he appellate courts of this state have never construed this language as
giving the trial judge discretion to award or deny attorneys fees. Id.
at 416, 396 S.E.2d at 644. Rather, although a fee is recoverable as a matter
of right, the amount must be reasonable, and [w]hat constitutes a reasonable
fee is a matter for the court to determine as a matter of informed judicial
discretion. Id. We observed that, in exercising his or her discretion
in deciding the amount of a reasonable fee, the trial judge should be guided
by the following factors:
(1)
the nature, extent, and difficulty of the services rendered;
(2)
the time and labor necessarily devoted to the
case;
(3)
the professional standing of counsel;
(4)
the contingency of compensation;
(5)
the fee customarily charged in the locality for similar services; and
(6)
the beneficial results accomplished.
Id. at 416-17, 396 S.E.2d at 644.
Although Prevatte dealt with a statutory, rather than a contractual,
provision for attorneys fees, we find it is sufficiently analogous so that
its reasoning is applicable in the current appeal. Here, the restrictive covenants
expressly provide that reasonable attorneys fees and costs shall be recoverable
by a prevailing party in the event a court finds a homeowner in violation of
the covenants.
During the hearing in this matter, when Meetzes attorney presented his affidavit
for attorneys fees, the court stated: Even if I rule in your favor, I --
you can send it up here but Im not going to do it, I am not even going to
consider your attorneys fees even if I rule with you. I think both sides
have got a legitimate gripe, problem. [Emphasis added.] The court thereafter
encouraged the parties to attempt to negotiate a resolution. When that effort
failed, the court granted summary judgment to Meetze. The circuit court summarily
denied the request for fees and costs in its final order.
We hold the circuit court erred in denying attorneys fees and costs to Meetze
after finding the Saylors were in violation of the covenants and granting summary
judgment to Meetze on this basis. Since the covenants contractually provide
a prevailing party with the right to recover attorneys fees and costs, the
court should have determined what constitutes a reasonable fee in light of the
six guidelines listed above. Accordingly, we reverse the circuit courts order
to the extent it denied Meetzes request for attorneys fees and costs and remand
the matter to the circuit court for determination of an appropriate award using
the factors outlined above.
REVERSED IN PART AND REMANDED.
HEARN, C.J., and GOOLSBY and WILLIAMS, JJ., concur.
[1] We decide this case without oral argument pursuant to Rule 215,
SCACR.
[2] The Saylors have not filed a Respondents Brief. The South Carolina
Appellate Court Rules provide that [u]pon the failure of respondent to timely
file a brief, the appellate court may take such action as it deems proper.
Rule 208(a)(4), SCACR. Such action may include reversal. Turner v. Santee
Cement Carriers, Inc., 277 S.C. 91, 282 S.E.2d 858 (1981).
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