Carolina Real Estate v. Brilin Electric

Syllabus

Carolina Real Estate Holdings, LLC (CREH) appeals the trial court's denial of its motion for a judgment notwithstanding the verdict (JNOV) on Brilin Electric, LLC's (Brilin) claim under the South Carolina Unfair Trade Practices Act (UTPA). CREH argues that Brilin failed to produce any evidence on the public interest and actual damages elements of the UTPA claim. CREH also appeals the trial court's determination that Brilin was the prevailing party for an attorney's fees award pursuant to the lease agreement between the parties. In the alternative, if Brilin is the prevailing party under the lease, CREH asserts the trial court erred in its determination of the amount of attorney's fees awarded because the trial court did not distinguish between attorney's fees for the UTPA claim and the contract claim. We reverse the denial of a JNOV as to the UTPA claim and remand for the trial court to determine attorney's fees.