Chambron v. Lost Colony Homeowners Ass'n
Chambron v. Lost Colony Homeowners Ass'n
Opinion of the Court
This is an appeal from the ward of damages for the issuance of a temporary injunction. Joel Chambron (Chambron) was awarded $2,781.07
Lost Colony brought an action against Chambron for alleged violation of restrictive covenants in a subdivision, seeking to enjoin Chambron from setting up a modular home in the subdivision. The court granted a temporary injunction to Lost Colony from June 12 through July 3, 1989. On July 3,1989, the circuit court issued a permanent injunction against Chambron after a hearing on the merits. This court reversed the circuit court order on May 6,1991, 304 S.C. 351, 404 S.E. (2d) 518. Thereafter, Chambron was awarded damages by the circuit court for housing, meals, and attorney fees incurred during the period of the temporary injunction.
At common law there was no liability, absent malicious prosecution, for a wrongfully issued injunction. J.R. Shepherd, Annotation, Period for Which Damages are Recoverable or are Computed Under Injunction Bond, 95 A.L.R. (2d) 1190, 1191 (1964). However, statutes in many states create the right to damages for wrongful injunctions. Id. In South Carolina, Rule 65, SCRCP, deals with injunctions. Subsection (c) states, in part, as follows:
*44 Except in divorce, child custody and nonsupport actions where the giving of security is discretionary, no restraining order or temporary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. (Emphasis added.)
Affirmed.
The initial order granting damages of $4,781.07 was reduced by $2,000.00 in attorney’s fees representing fees incurred during the trial phase of the litigation.
Reference
- Full Case Name
- Joel CHAMBRON v. LOST COLONY HOMEOWNERS ASSOCIATION and Hartford Accident and Indemnity Company
- Cited By
- 1 case
- Status
- Published