Keeney's Metal Roofing, Inc. v. Palmieri

ANDERSON, Judge.

In this civil action, Brian A. Palmieri, American Tool and Die Company, Inc. (“ATD”), and First Palmetto Savings Bank, FSB (“First Palmetto”) (collectively “Appellants”), moved the Circuit Court for an award of attorney’s fees and costs following their dismissal from the suit pursuant to Rule 12(b)(6), SCRCP. The court denied Appellants’ motion, holding, in part: “[N]either the underlying policies of the mechanic’s lien statutes nor the language of the statutes themselves contemplate or authorize awarding procedurally dismissed parties statutory attorney’s fees and costs.” We…