Steinert v. Lanter

Supreme Court of South Carolina

Steinert v. Lanter

325 S.E.2d 532, 284 S.C. 65, 1985 S.C. LEXIS 295

CourtSupreme Court of South Carolina

DecidedJanuary 23, 1985

StatusPublished

Cited by5 cases

This text of 325 S.E.2d 532 (Steinert v. Lanter) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Steinert v. Lanter, 325 S.E.2d 532, 284 S.C. 65, 1985 S.C. LEXIS 295 (S.C. 1985).

Pincite

Opinion

ORDER

Prior to trial, the defendants made a statutory offer of compromise pursuant to S. C. Code Ann. § 15-21-10 (1976). Subsequently, plaintiffs mechanics’ lien was vacated and its petition for foreclosure was dismissed. Plaintiff appealed.

The defendants have moved for an order remanding the matter to the trial court for an assessment of costs due them pursuant to the statute. We deny the motion. The proper time for the assessment of these costs is after a decision on the merits of the appeal. Should the defendants prevail in the appeal, they shall be entitled to an assessment of statutory costs in the trial court.

*66 We note with concern that the defendants by their motion seek to recover attorney’s fees as well as costs. At common law, each party bore its own costs, expenses, and attorney’s fees. Section 15-21-10 is therefore in derogation of the common law and must be strictly construed. The statute allows the recovery of costs, not costs and attorney’s fees, and we so hold.

The motion to remand is denied. This order shall be published with the opinions of the Court.

It is so ordered.

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