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Stolf Constr., LLC v. Sweetgrass Home Builders, LLC

STATE OF SOUTH CAROLINA In The Court of Appeals
Oct 9, 2013
Appellate Case No. 2012-207386 (S.C. Ct. App. Oct. 9, 2013)

Opinion

Appellate Case No. 2012-207386 Unpublished Opinion No. 2013-UP-375

2013-10-09

Stolf Construction, LLC, Appellant, v. Sweetgrass Home Builders, LLC, and Reginald L. Gaskins, Respondents.

Thomas O. Sanders, IV, of Sanders Law Firm, LLC, of Charleston, for Appellant. Christopher P. Biering, of Christopher P. Biering, Attorney at Law, P.C., of Moncks Corner, 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.


Appeal From Berkeley County

Roger M. Young, Sr., Circuit Court Judge


AFFIRMED

Thomas O. Sanders, IV, of Sanders Law Firm, LLC, of Charleston, for Appellant.

Christopher P. Biering, of Christopher P. Biering, Attorney at Law, P.C., of Moncks Corner, for Respondents. PER CURIAM: In this breach of contract action, Stolf Construction, LLC (Stolf) appeals the trial court's order finding "in favor of [Sweetgrass Home Builders, LLC, and Reginald L. Gaskins] on all causes of action," and denying Stolf's motion for a new trial. Stolf argues the trial court erred in (1) finding it lacked standing, (2) finding it did not present an accounting of a prior construction contract, (3) finding Sweetgrass was a properly formed limited liability company, and (4) denying its motion for a new trial. We affirm. The evidence contained in the record shows Stolf did not have a residential builder's license at the time the contract was executed. Accordingly, the trial court properly found Stolf lacked standing to bring this action. See 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."); 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."). Because we affirm the trial court's finding that Stolf lacked standing, we need not address the remaining issues. See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (noting an appellate court need not address remaining issues when its determination of a prior issue is dispositive). AFFIRMED.

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

HUFF, GEATHERS, and LOCKEMY, JJ., concur.


Summaries of

Stolf Constr., LLC v. Sweetgrass Home Builders, LLC

STATE OF SOUTH CAROLINA In The Court of Appeals
Oct 9, 2013
Appellate Case No. 2012-207386 (S.C. Ct. App. Oct. 9, 2013)
Case details for

Stolf Constr., LLC v. Sweetgrass Home Builders, LLC

Case Details

Full title:Stolf Construction, LLC, Appellant, v. Sweetgrass Home Builders, LLC, and…

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Oct 9, 2013

Citations

Appellate Case No. 2012-207386 (S.C. Ct. App. Oct. 9, 2013)