Medlin v. Fairfield County ( 2014 )

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
Mary R. Medlin, Respondent,
v.
Fairfield County, South Carolina, a political subdivision
of the State of South Carolina, Appellant.
And
Rawley E. Schofield, Respondent,
v.
Fairfield County, South Carolina, a political subdivision
of the State of South Carolina, Appellant.
Appellate Case No. 2013-000076
Appeal From Fairfield County
Paul M. Burch, Circuit Court Judge
Unpublished Opinion No. 2014-UP-163
Heard March 5, 2014 – Filed April 2, 2014
AFFIRMED
Larry Dwight Floyd, Jr., Parker Poe Adams & Bernstein,
LLP, of Columbia, for Appellant.
Creighton B. Coleman, Coleman & Tolen, LLC, of
Winnsboro, for Respondents.
PER CURIAM: Fairfield County appeals the circuit court award of litigation
expenses and costs to Rawley Schofield and Mary Medlin under Section 28-2-
510(A) of the South Carolina Code (2007) after a condemnation proceeding and
the reasonableness of the award under the Jackson v. Speed, 326 S.C. 289, 486
S.E.2d 750 (1997) standards. We affirm pursuant to Rule 220(b), SCACR, and the
following authorities:
As to the award of attorneys' fees and costs: S.C. Dep't of Transp. v. Revels, 399
S.C. 423, 427, 731 S.E.2d 897, 898 (Ct. App. 2012) (stating the decision to award
or deny attorneys' fees under a state statute will not be disturbed on appeal absent
an abuse of discretion); S.C. Code Ann. § 28-2-510(A) (2007) (providing "[i]f, in
the action challenging the condemnor's right to take, the court determines that the
condemnor has no right to take all or part of any landowner's property, the
landowner's reasonable costs and litigation expenses incurred therein must be
awarded to the landowner").
As to the reasonableness of fees and costs: Revels at 427, 731 S.E.2d at 899
(stating that the specific amount of attorneys' fees awarded under a statute
authorizing reasonable litigation expenses is left to the discretion of the trial court
and will not be disturbed absent an abuse of discretion); Jackson v. Speed, 326 S.C.
289, 308, 486 S.E.2d 750, 760 (1997) (providing that an award for attorneys' fees
will be affirmed so long as there is sufficient evidence in the record to support each
factor).
AFFIRMED.
HUFF, THOMAS, and PIEPER, JJ., concur.