Pitman v. Republic Leasing Co., Inc.

HEARN, C.J.:

David and Beverly Pitman appeal the trial court’s award of attorney’s fees and costs to Republic Leasing Company under the Frivolous Proceedings Sanctions Act (the Act), claiming the trial judge lacked jurisdiction and abused his discretion. We vacate.

FACTS

David and Beverly Pitman filed suit against Republic Leasing for violation of the Payment of Wages Act, S.C.Code Ann. § 41-10-10 (Supp.2000), and breach of contract to recover allegedly unpaid vacation time, incentive pay, moving expenses, and bonus pay. Republic Leasing answered, denying that the Pitmans were their employees.…