Mevers Kitchens v. Maryann Wagner ( 2015 )

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
Mevers Kitchens and Baths, LLC, Respondent,
v.
Maryann Wagner and Stipp Contracting, LLC,
Defendants,
Of whom Maryann Wagner is the Appellant.
Appellate Case No. 2013-002283
Appeal From Charleston County
Mikell R. Scarborough, Master-in-Equity
Unpublished Opinion No. 2015-UP-473
Heard April 14, 2015 – Filed October 7, 2015
AFFIRMED AS MODIFIED
Nancy Bloodgood and Lucy C. Sanders, both of Foster
Law Firm, LLC, of Charleston, for Appellant.
W. Tracy Brown, of The Brown Law Firm, of
Summerville, for Respondent.
PER CURIAM: In this mechanic's lien action, Maryann Wagner (Wagner) argues
the master erred in awarding judgment to Mevers Kitchens and Baths, LLC
(Mevers Kitchens). Specifically, Wagner contends the master erred in (1) finding
the cabinetry quote created a contract between Wagner and Mevers Kitchens; (2)
finding Mevers Kitchens is a licensed contractor and thus can enforce its
mechanic's lien; and (3) holding Mevers Kitchens is entitled to reasonable
attorney's fees. We affirm as modified pursuant to Rule 220(b), SCACR, and the
following authorities:
1. As to whether the master erred in finding the cabinetry quote created a
contract between the parties, was unambiguous, and satisfied the statute of frauds:
S.C. Code Ann. § 32-3-10 (2007) (codifying South Carolina's statute of frauds);
Butler Contracting, Inc. v. Court St., LLC, 369 S.C. 121, 127, 631 S.E.2d 252,
255–56 (2006) ("A proceeding for the enforcement of a statutory lien, such as a
mechanic's lien, is legal in nature. In an action at law, when a case is tried without
a jury, the trial court's findings of fact will be upheld on appeal when they are
reasonably supported by the evidence. Stated another way, the trial court's
findings of fact will not be disturbed on appeal unless wholly unsupported by the
evidence or unless it clearly appears the findings were influenced or controlled by
an error of law." (citations omitted)); Player v. Chandler, 299 S.C. 101, 106, 382
S.E.2d 891, 895 (1989) (explaining that to satisfy the statute of frauds, "[t]he
writing must reasonably identify the subject matter of the contract, sufficiently
indicate a contract has been made between the parties, and state with reasonable
certainty the essential terms of the agreement" (citation omitted)).
2. As to whether the master erred in holding Mevers Kitchens is a licensed
contractor and thus can enforce its mechanic's lien: S.C. Code Ann. § 40-59-
410(B) (2011) ("The practice or offer to practice residential home building,
residential specialty contracting, or home inspecting as defined in this chapter by
an individual residential home builder, residential specialty contractor, or home
inspector licensed or registered under this chapter through a firm offering
residential building, residential specialty contracting, or home inspecting services
to the public is authorized if: (1) one or more of the corporate officers in the case
of a corporation, or one or more of the principal owners in the case of a firm, or
one or more employees are designated as the resident licensee . . . and are licensed
under the provisions of this chapter . . . ." (emphasis added)); Ringer v. Graham,
286 S.C. 14, 17 n.2, 331 S.E.2d 373, 375 n.2 (Ct. App. 1985) ("[Section 29-5-10 of
the South Carolina Code] gives a mechanic's lien to persons who by agreement or
with the consent of the owner perform labor upon or furnish materials in the
erection of a structure. Such a lien is unaffected by the amount of the contract
between the owner and the contractor.").
3. We find Mevers Kitchens is entitled to $9,750 in attorney's fees. See S.C.
Code Ann. § 29-5-10(a) (2007) ("The costs which may arise in enforcing or
defending against the lien under this chapter, including a reasonable attorney's fee,
may be recovered by the prevailing party. The fee must be determined by the court
in which the action is brought but the fee and the court costs may not exceed the
amount of the lien.").
AFFIRMED AS MODIFIED.
SHORT, LOCKEMY, and MCDONALD, JJ., concur.