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BRACKENBROOK, LP v. COUNTY OF CHARLESTON

No. 26070.

366 S.C. 503 (2005)

623 S.E.2d 91

BRACKENBROOK NORTH CHARLESTON, LP, North Bluff North Charleston, LP, Riverwoods, LLC, Ashley Arbor, LLC, et al., Appellants, v. The COUNTY OF CHARLESTON, Andrew Smith in his official capacity as Charleston County Treasurer, Peggy A. Moseley in her official capacity as Charleston County Auditor, and D. Michael Huggins in his official capacity as Charleston County Assessor, Respondents.

Supreme Court of South Carolina.

Decided November 28, 2005.

Attorney(s) appearing for the Case

G. Trenholm Walker, Andrew K. Epting, Jr., and Francis M. Ervin, II, all of Pratt, Thomas, Epting & Walker, P.A., of Charleston, for Appellants.

Bernard Eugene Ferrara, Jr. and Joseph Dawson, III, both of North Charleston, and M. Dawes Cooke, Jr. and P. Gunnar Nistad, both of Barnwell Whaley Patterson & Helms, of Charleston, for Respondents.

PER CURIAM:

The circuit court found it lacked jurisdiction to entertain Appellants' post-remittitur request for attorneys' fees because this Court's mandate instructed the circuit court to dismiss the appeal without prejudice. The circuit court also declined to entertain Appellants' "Motion to Shorten Time and Determine Compliance with Supreme Court Order." Appellants appeal. We agree with Appellants that the circuit court had jurisdiction over the attorneys' fees...

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