[DOWNLOAD] "Morgan v. Eagle-Air Estates Homeowners Association" by South Carolina Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Morgan v. Eagle-Air Estates Homeowners Association
• Author : South Carolina Supreme Court
• Release Date : January 11, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

This case is before this court for a second time. Plaintiffs hold ownership interests in a planned community airpark subdivision and are members of a homeowners association that governs the subdivision. They brought this action against the Goodsells, the subdivision developers, and against Eagle-Air Estates Homeowners Association (the association) based on claims of breach of fiduciary duties allegedly owed to them. The trial court found in favor of defendants on all claims and entered judgment accordingly. Thereafter, the court awarded the association $41,105.50 in attorney fees as the prevailing party, over plaintiffs objection filed pursuant to ORCP 68. In Morgan v. Goodsell, 198 Or App 385, 108 P3d 612 (2005) (Morgan I), we remanded this case to the trial court for further proceedings after determining that the trial court had failed to apportion the attorney fee award between the legal services afforded by defendants attorney to the Goodsells and the services afforded to the association. We reasoned that apportionment was necessary because no pertinent statute authorized a fee award on the claims made against the Goodsells. On remand, the trial court reduced the award by $3,478--the amount it apportioned to the services furnished to the Goodsells--and entered a supplemental judgment awarding the association $37,627.50 in attorney fees. Plaintiffs appeal from that judgment. We vacate the supplemental judgment and remand.

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