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TCC of Charleston, Inc. v. Concord and Cumberland, LLC

TCC of Charleston, Inc. (TCC) appeals the master in equity’s (the master’s) order denying its motions to amend a statement of account and for attorney’s fees and granting its motion to confirm an arbitration award. It also appeals the master’s order granting the motion for summary judgment, motion for dismissal, motion to deposit funds, and motion for attorney’s fees filed by Concord & Cumberland Horizontal Property Regime (the HPR) and individual unit owners of a condominium owned by the HPR. TCC appeals the master’s orders granting partial summary judgment and awarding attorney’s fees to Betty Beatty, an individual who owned one of the units in the condominium, and awarding attorney’s fees to unit owners other than Beatty. TCC argues the master erred in (1) finding TCC’s mechanic’s lien was not timely served and dissolving the mechanic’s lien due to an error on the statement of account, (2) not allowing discovery before dismissing the lien, (3) holding the HPR’s deposit of a judgment into court stopped interest from accruing, (4) denying TCC’s motion for attorney’s fees, and (5) granting attorney’s fees to the HPR. The HPR cross appealed, arguing the master erred in granting TCC’s motion to confirm the arbitration award, which the HPR asserts occurred after the circuit court erred in failing to vacate or modify TCC’s arbitration award because the arbitration panel disregarded a sworn lien waiver and release when issuing its award to TCC, failed to issue a reasoned award, and allocated a portion of the award to a project that was not part of TCC’s claim. We affirm the master’s order granting the HPR’s motions to dismiss and for summary judgment, granting TCC’s motion to confirm the arbitration award, and denying TCC’s motions to amend statement of account and for attorney’s fees. We also affirm the Master’s order granting summary judgment to Beatty. We reverse and remand the master’s award of attorney’s fees to the HPR and to Beatty.

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