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WHITFIELD CONST. v. BANK OF TOKYO TRUST

No. 3068.

338 S.C. 207 (1999)

525 S.E.2d 888

WHITFIELD CONSTRUCTION COMPANY, Appellant, v. The BANK OF TOKYO TRUST COMPANY and Merit Realty Holding Corporation, Respondents.

Court of Appeals of South Carolina.

Decided November 1, 1999.

Rehearing Denied January 29, 2000.

Attorney(s) appearing for the Case

Charles S. Altman, of Finkel & Altman; Morris D. Rosen, of Rosen, Goodstein & Hagood, both of Charleston; and Gilbert S. Bagnell, of Columbia, for appellant.

Harold W. Jacobs and David J. Parrish, both of Nexsen, Pruet, Jacobs, Pollard & Robinson, of Charleston, for respondents.

GOOLSBY, Judge:

Whitfield Construction Company appeals an order of the special referee dismissing its action against The Bank of Tokyo Trust Company and Merit Realty Holding Corporation (collectively referred to as BOTT) and awarding BOTT actual damages, punitive damages, and attorney fees on its counterclaims for abuse of process and for violation of the South Carolina Frivolous Civil Proceedings Sanctions Act. We affirm in part and reverse in part.

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