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MULLER v. MYRTLE BEACH GOLF & YACHT CLUB

No. 23959.

438 S.E.2d 248 (1993)

William M. MULLER, d/b/a Aquarian Pools, Respondent, v. MYRTLE BEACH GOLF AND YACHT CLUB, a general partnership, and Charles R. Winters, Defendants, of whom Charles R. Winters is Appellant. Appeal of Charles R. WINTERS, Appellant.

Supreme Court of South Carolina.

Decided December 6, 1993.

Attorney(s) appearing for the Case

Otis Allen Jeffcoat, III, of Jeffcoat & Associates, Myrtle Beach, for appellant.

George C. Kosko, Pawleys Island; and Leigh Ballenger Sellers, of Ratchford & Associates, Columbia, for respondent.

CHANDLER, Justice:

Appellant Charles R. Winters (Winters) appeals an Order denying his motion for attorney's fees. We reverse and remand.

FACTS

In 1988, Respondent William Muller (Muller) brought suit against Winters for foreclosure of a mechanic's lien and, alternatively, breach of contract and quantum meruit. In Circuit Court Muller prevailed and was awarded attorney's fees pursuant to S.C.Code Ann. § 29-5-10 (1991) (mechanic...

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