Renaissance Enterprises, Inc. v. Ocean Resorts, Inc.

483 S.E.2d 796, 326 S.C. 460, 1997 S.C. App. LEXIS 43
CourtCourt of Appeals of South Carolina
DecidedMarch 31, 1997
DocketNo. 2648
StatusPublished
Cited by5 cases

This text of 483 S.E.2d 796 (Renaissance Enterprises, Inc. v. Ocean Resorts, Inc.) 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
Renaissance Enterprises, Inc. v. Ocean Resorts, Inc., 483 S.E.2d 796, 326 S.C. 460, 1997 S.C. App. LEXIS 43 (S.C. Ct. App. 1997).

Opinion

HUFF, Judge.

Appellant, Ocean Resorts, appeals from an order of the master in equity granting respondent, Renaissance Enterprises, interest on an arbitration award at the rate specified by a contract between the parties from the date of the arbitration award, as well as attorneys fees. We affirm in part, reverse in part and remand.1

FACTUAL/PROCEDURAL BACKGROUND

The case before us involves a somewhat complex procedural history. On December 6, 1989, Renaissance obtained an arbitration award against Ocean Resorts in the amount of $69,-566.73. Renaissance moved before the circuit court to have the award vacated and remanded or, in the alternative, to modify the award. The circuit court denied the motion and Renaissance appealed. On appeal, Renaissance asserted the arbitrators failed to consider the issue of military quarters profits owed as a result of Ocean Resorts’s breach of contract between the parties. On December 29, 1992, this court filed its opinion affirming the circuit court, finding there was no evidence the arbitrators failed to consider the alleged breach of the military quarters provision in their award.

On February 10, 1993, Renaissance applied to the circuit court for an order nunc pro tunc confirming the award of the arbitrators as of December 6, 1989, the date of the arbitration award. On September 16, 1993, the circuit court issued its order denying Renaissance’s motion to confirm the arbitration award as of December 6, 1989, but affirmed the award as of December 29, 1992. The circuit court noted Renaissance made the motion for the purpose of establishing December 6, 1989 as the date from which interest on the award would begin to accrue. The court found Renaissance, as an unsuccessful appellant judgment creditor, was not entitled to interest dur[463]*463ing the pendency of the appeal. The court held, “As the South Carolina Court of Appeals did not file its Opinion until December 29, 1992, interest as a matter of law, would not begin accruing to [Renaissance] until this date.” On October 5, 1993, the circuit court denied Renaissance’s motion to alter or amend. No appeal was taken from these orders.

Thereafter, on September 7, 1994, Renaissance filed, a petition for supplemental proceedings and obtained a rule to show cause and an order of reference, referring the ease to the master in equity. On September 29,1994, Ocean Resorts filed a motion for leave to deposit the sum of $99,497.24 with the court pursuant to Rule 67, SCRCP in order to stop the running of interest. That same day, a hearing was held before the master at which time Renaissance sought a determination that it was entitled to interest from December 6, 1989, the date of the arbitration award, at the rate of 1.5% compounded monthly pursuant to the terms of the contract. It further sought an award of attorney’s fees and costs incurred in the supplemental proceeding. Ocean Resorts contended that the interest did not begin to accrue until December 29, 1992, the date of this court’s opinion following the initial appeal, that the controlling rate of interest was 14% per annum pursuant to the statutory post-judgment interest rate, and that payment of the money into court would cease the running of interest. The master granted Ocean Resorts’s motion to deposit the money and Ocean Resorts paid said sum into court.

By order filed December 29, 1995, exactly three years after the filing of this court’s opinion following appeal of the arbitration award, the master found in favor of Renaissance on all issues. He found Renaissance was entitled to interest at the rate of 1.5% compounded monthly and the interest began to run from December 6, 1989, the date of the arbitration award. He further found the interest was not suspended during the appeal pursuant to the September 16,1993 circuit court order, nor was it suspended by the payment of money into court on September 29, 1994. He thus concluded Renaissance was due $243,788.27 as of December 14, 1995. Finally, he determined Renaissance was also entitled to attorney’s fees of $2,086.93 incurred in the supplemental proceeding for a total judgment [464]*464of $245,875.20. Ocean Resorts filed a motion to reconsider on January 4,1996 which was denied February 29,1996.

ISSUES

Ocean Resorts raises five issues on appeal. It contends:

(1) The master erred in determining post-judgment interest began to accrue on December 6,1989;

(2) The master erred in holding that the interest rate stated in the contract controlled instead of the statutory post-judgment interest rate;

(3) The master erred in failing to hold Ocean Resorts’s payment of monies into court suspended the accrual of interest;

(4) The master erred in awarding Renaissance attorney’s fees associated with the supplemental proceeding; and

(5) The master erred in failing to hold a pending appeal in a related case between the parties precluded the court from deciding the issues presented in the supplemental proceeding.

LAW/ANALYSIS

Accrual Date of Interest

Ocean Resorts first contends the master erred in determining interest began to run on December 6, 1989 instead of December 29,1992. We agree.

The September 16, 1993 order of the circuit court specifically held that interest would not begin to accrue until December 29, 1992, as Renaissance was an unsuccessful judgment creditor. The court specifically noted the reason Renaissance sought the order was to begin the accrual of interest as of the date of the arbitration award. Because Renaissance failed to appeal this order, it is the law of the case. Belton v. State, 313 S.C. 549, 443 S.E.2d 554 (1994). An appealable order from which no appeal is taken becomes the law of the case in all subsequent proceedings involving the same parties on the same subject matter. Professional Bankers Corp. v. Floyd, 285 S.C. 607, 331 S.E.2d 362 (Ct.App.1985). This [465]*465doctrine operates only as to matters concluded by the unappealed order. Id. at 813, 331 S.E.2d at 365.

Renaissance asserts, however, and the master found, that the circuit court order was not controlling because the circuit court found interest would not accrue “as a matter of law” until the December 29,1992 filing of this court’s opinion. It is argued this finding was made in regard to the legal rate of interest under the post-judgment interest statute and the order made no finding as to interest as a matter of contract. We find no merit to this argument. The circuit court order involved the same parties and the same issue raised in the supplemental proceeding of when interest began to accrue. The circuit court order made no mention of the legal rate of interest imposed pursuant to the post-judgment interest statute. The fact that the circuit court judge found interest would run from December 29, 1992 “as a matter of law” is of no consequence. Such a finding is not, as argued by Renaissance, an indication the circuit court was ruling solely on the accrual of interest at the legal rate as mandated by statutory law. The phrase “as a matter of law” refers to all law, including the common law relating to contracts. We therefore find the issue of the time at which interest began to accrue was concluded by the unappealed order and is thus the law of the case.

Rate of Interest

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Bluebook (online)
483 S.E.2d 796, 326 S.C. 460, 1997 S.C. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renaissance-enterprises-inc-v-ocean-resorts-inc-scctapp-1997.