Wednesday, October 04, 2006
S.C. Court of Appeals holds that a party is "prevailing" even if winning on a technicality
EFCO Corporation v. Renaissance on Charleston Harbor involved the question of whether Renaissance was a prevailing party entitled to attorney fees under the mechanic's lien statute when the circuit court granted summary judgment in favor of Renaissance as to a lien primarily because EFCO did not bring a foreclosure action within six months of filing its lien as required by statute. The Court of appeals affirmed that Renaissance was a prevailing party because statutes of limitations are not simply technicalities and thus Renaissance was a prevailing party because it successfully defended the action based on EFCO's failure to comply with a statute of limitations.
Posted by william at 7:44 AM