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BRASINGTON TILE CO., INC. v. WORLEY

No. 24683.

327 S.C. 280 (1997)

491 S.E.2d 244

BRASINGTON TILE COMPANY, INC., Appellant, v. Harold G. WORLEY, Respondent, South Carolina National Bank, Fabmaster, Inc., and Space Metal Fabricators, Inc., Defendants.

Supreme Court of South Carolina.

Decided September 2, 1997.

Rehearing Denied October 10, 1997.

Attorney(s) appearing for the Case

R. Dean Welch, of Welch Law Firm, P.A., Surfside Beach, for Appellant.

Timothy E. Madden and David H. Wilkins, both of Wilkins & Madden, Greenville, for Respondent.

TOAL, Justice:

In this action to recover on a mechanic's lien, Appellant Brasington Tile Company ("Contractor") appeals the special referee's determination that Respondent Worley ("Owner") was the prevailing party in the litigation and was, therefore, entitled to attorneys' fees. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Owner is the proprietor of the O.D. Cafe, a restaurant and bar in North Myrtle Beach. When the restaurant needed renovations, Owner...

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