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.").
We decide this case without oral argument pursuant to Rule 215, SCACR.
SHORT, KONDUROS, and GEATHERS, JJ., concur.