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SOUTH CAROLINA DOT v. REVELS

No. 5010.

399 S.C. 423 (2012)

731 S.E.2d 897

SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent, v. Janell P. REVELS and R.J. Poston, Jr., Landowners, and John Doe and Mary Roe, representing all unknown persons having or claiming to have any right, title or interest in or to, or lien on the lands described herein, including all unknown heirs of Reamer J. Poston, Sr. a/k/a/ R.J. Poston Sr., deceased, Unknown Claimants, Of whom Janell P. Revels and R.J. Poston are, Appellants.

Court of Appeals of South Carolina.

Decided July 25, 2012.

Attorney(s) appearing for the Case

Gene M. Connell, Jr. , of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Appellants.

Beacham O. Brooker, Jr. , of the South Carolina Department of Transportation, of Columbia, for Respondent.

LOCKEMY, J.

In this appeal from a condemnation action, Janell P. Revels and R.J. Poston, Jr. (the Appellants) argue the circuit court erred in finding they were entitled to attorney's fees based on an hourly rate rather than a contingency fee agreement. We affirm.

FACTS/PROCEDURAL BACKGROUND

On August 6, 2007, the South Carolina Department of Transportation (SCDOT) served the Appellants with a notice...

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