Steinert v. Lanter

ORDER

Prior to trial, the defendants made a statutory offer of compromise pursuant to S. C. Code Ann. § 15-21-10 (1976). Subsequently, plaintiffs mechanics’ lien was vacated and its petition for foreclosure was dismissed. Plaintiff appealed.

The defendants have moved for an order remanding the matter to the trial court for an assessment of costs due them pursuant to the statute. We deny the motion. The proper time for the assessment of these costs is after a decision on the merits of the appeal. Should the defendants prevail in the appeal, they shall be entitled to an assessment of statutory…