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Campbell v. Lyerly

Court of Appeals of South Carolina
Nov 22, 2017
2017-UP-438 (S.C. Ct. App. Nov. 22, 2017)

Opinion

2017-UP-438

11-22-2017

Harvey R. Campbell, Jr., d/b/a Metal Construction and Roofing, Appellant, v. Lee Lyerly and Ellen Marie Stone Lyerly, Respondents. Appellate Case No. 2016-002315

Louis David Nettles, of Folkens Law Firm, P.A., of Florence, for Appellant. Gary Ivan Finklea, of Finklea Law Firm, of Florence, for Respondents.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Submitted October 1, 2017

Appeal From Florence County William H. Seals, Jr., Circuit Court Judge

Louis David Nettles, of Folkens Law Firm, P.A., of Florence, for Appellant.

Gary Ivan Finklea, of Finklea Law Firm, of Florence, for Respondents.

PER CURIAM

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. § 40-59-30(B) (2011) ("[A] person or firm who first has not procured a license or registered with the [South Carolina Residential Builders Commission] and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract for residential building or residential specialty contracting which the person or firm entered into in violation of this chapter."); Martin v. Ellisor, 266 S.C. 377, 381, 223 S.E.2d 415, 417 (1976) ("When . . . the statute is plain and unambiguous, it becomes the duty of the court to apply it literally because the legislative design is unmistakable."); Duckworth v. Cameron, 270 S.C. 647, 649, 244 S.E.2d 217, 218 (1978) ("Any builder who violates [section 40-59-30(B)] by entering into a contract for home construction without obtaining the required license simply cannot enforce the contract.").

AFFIRMED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

SHORT, KONDUROS, and GEATHERS, JJ., concur.


Summaries of

Campbell v. Lyerly

Court of Appeals of South Carolina
Nov 22, 2017
2017-UP-438 (S.C. Ct. App. Nov. 22, 2017)
Case details for

Campbell v. Lyerly

Case Details

Full title:Harvey R. Campbell, Jr., d/b/a Metal Construction and Roofing, Appellant…

Court:Court of Appeals of South Carolina

Date published: Nov 22, 2017

Citations

2017-UP-438 (S.C. Ct. App. Nov. 22, 2017)