F. W. White & Associates, LLC Et Al. v. John R. Chilton Et Al.

This appeal arises from a business relationship that deteriorated. F.W. White & Associates, LLC (“FWA”), through Fenton W. White, Jr. (“White”) (“Appellees,” collectively), sued John R. Chilton (“Chilton”), Centennial
Village Apartments, LLC, and Centennial Village Development, LLC (“Appellants,” collectively) in the Chancery
Court for Anderson County (“the Trial Court”) for breach of contract and quantum meruit. Appellants, in turn,
sued Appellees for slander of title based on Appellees’ having recorded a document asserting an interest in the
real property at issue. Appellants also sued FWA’s attorney Gregory Pratt (“Pratt”), who recorded the document. The Trial Court granted summary judgment to Pratt based on the litigation privilege. Following a
bench trial, the Trial Court awarded FWA judgment against Appellants in the amount of $125,000.00 for money
owed under a May 2008 consulting agreement (“the 2008 Agreement”). Regarding Appellants’ slander of title
claim, the Trial Court found that White believed he was owed money and did not act maliciously. Appellants
raise several issues on appeal. Meanwhile, Appellees contend that the Trial Court erred in declining to award
FWA its attorney’s fees and costs under the 2008 Agreement. We affirm the Trial Court. On remand, the Trial
Court is to determine and award to FWA its reasonable attorney’s fees and costs incurred on appeal related to
the enforcement of the 2008 Agreement.