Rachel Hall v. Angel Rodriquez

CourtCourt of Appeals of South Carolina
DecidedNovember 30, 2009
Docket2009-UP-564
StatusUnpublished

This text of Rachel Hall v. Angel Rodriquez (Rachel Hall v. Angel Rodriquez) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rachel Hall v. Angel Rodriquez, (S.C. Ct. App. 2009).

Opinion

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

Rachel Hall, Respondent,

v.

Angel Rodriquez, Appellant.


Appeal From Richland County
Joseph  M. Strickland, Master-In-Equity


Unpublished Opinion No.  2009-UP-564
Submitted May 1, 2009 – Filed November 30, 2009


AFFIRMED AS MODIFIED


James Richardson, Jr. and Steven Anderson, both of Columbia, for Appellant.

William  Booth, III, of West Columbia, for Respondent.

PER CURIAM:  This is an appeal in a partition action.  Angel Rodriquez appeals (1) the refusal by the master-in-equity to charge Rachel Hall with the value of her use and occupation of the property after the parties became estranged, (2) the master's finding that certain improvements to the property increased the value by $30,000.00., and (3) the award of attorney's fees and costs of $5,624.38 to Hall in the form of a personal judgment.  We affirm as modified.[1]

FACTS AND PROCEDURAL HISTORY

In 2006 Hall and Rodriquez became engaged and purchased a single-family residential home located in Blythewood, South Carolina, for $485,000.00.  The parties shared equally the costs to acquire the home and financed the balance of the purchase with a note and mortgage.  Both Hall and Rodriquez brought furniture and other belongings from their former homes.  They moved into the house shortly after the closing.

Although the property was deeded to Hall and Rodriquez as tenants-in-common, Rodriquez continued to rent an apartment in Charlotte, where he was working as a computer engineer.  During the work week, Rodriquez stayed in his Charlotte apartment.

The parties hired a contractor to build three rooms in the unfinished basement of the house.  This work, which was almost completed at the time of trial, added about 1,418 square feet of finished space to the residence.

Hall later discovered evidence leading her to believe Rodriquez had been unfaithful to her.  Based on this information, Hall changed the locks and security code.  When Rodriquez unexpectedly arrived at the residence late one evening and became disruptive upon discovering he could not enter the house, Hall became frightened and called the police.

The parties attempted to reconcile, and Rodriquez was later given a key; however, he did not return to live in the residence except to stay there for four days during the holidays.  During her testimony, Hall maintained she allowed Rodriquez to retrieve various belongings whenever he requested.  In March 2007, without notifying Rodriquez, Hall removed most of Rodriquez's remaining belongings and placed them in storage.

After Rodriquez moved out, Hall commenced this action, seeking partition of the subject property.  Specifically, Hall requested (1) a partition of the property by judicial sale, (2) attorney's fees and costs, (3) reimbursement for improvements, and (4) reimbursement for mortgage payments, taxes, and upkeep.  In his answer and counterclaim, Rodriquez agreed to a partition of the property but not to a judicial sale.  By way of counterclaim, he requested that the property be sold on the market and also alleged Hall's actions in excluding him from the property constituted ouster and entitled him to damages.

The matter was referred to the Richland County Master-in-Equity.  After hearing the matter, the master issued a final order granting Hall's request for partition by judicial sale.  Disbursements to Hall and Rodriquez were to be made in proportion to the mortgage payments each party made on the home; however, the distribution to Rodriquez was subject to the availability of funds from the successful bid.  The master also found the improvements to the basement had increased the value of the property by $30,000.00 and adjusted the distribution to each party to reflect his or her respective contribution to the cost of this improvement.[2]  In addition, the master awarded Hall her full attorney's fee of $5,411.00 plus costs of $213.38, finding "any legal fees incurred by [Hall] have accrued based solely on the actions of Rodriquez."  The master awarded these amounts as a judgment against Rodriquez, providing (1) they would be deducted to the extent there were funds due him from the sale, and (2) any amount still owing would be reduced to a judgment against him.

Following an unsuccessful motion to alter or amend the master's order, Rodriquez filed this appeal.

The master's sale took place while this appeal was pending.  Hall was the highest bidder and the bid amount was $150,000.00.[3]  Pursuant to the terms of the sale, the master signed and filed an order for disbursements directing Hall to pay Rodriquez $35,176.15, which represented his net share of the sales proceeds.

ISSUES

I. Should the master have offset Hall's recovery for mortgage payments, improvements, and other expenses by the rental value of the property during the time she occupied the home after the parties separated?

II. Did the master err in valuing the improvements to the home?

III. Did the master abuse his discretion in the award of attorney's fees and costs?

STANDARD OF REVIEW

A partition action is an equitable matter; therefore, this Court "has jurisdiction to reach its own conclusion as to the preponderance of the evidence."  Ackerman v. Heard, 287 S.C. 626, 628, 640 S.E.2d 560, 562 (Ct. App. 1986).  This broad scope of review applicable to appeals in equity actions, however, "does not require an appellate court to disregard the findings below or ignore the fact that the trial judge is in the better position to assess the credibility of the witnesses."  Pinckney v. Warren, 344 S.C. 382, 387, 544 S.E.2d 620, 623 (2001).

LAW/ANALYSIS

I.

Rodriquez first argues Hall's decision to seek contribution from him for expenses associated with preserving and maintaining the property after their separation subjected her, as the cotenant in possession, to an offset for the value of her use and occupation of the property.  We disagree.

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