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GREENS OF ROCK HILL v. RIZON COMMERCIAL

No. 5281.

411 S.C. 152 (2014)

766 S.E.2d 876

The GREENS OF ROCK HILL, LLC and GRH 2011, LLC, Respondents, v. RIZON COMMERCIAL CONTRACTING, INC. and Road Machinery and Supplies Co., Defendants, Of whom RIZON COMMERCIAL CONTRACTING, INC. is the Appellant.

Court of Appeals of South Carolina.

Decided December 3, 2014.

Rehearing Denied January 14, 2015.

Attorney(s) appearing for the Case

Daniel Dominic D'Agostino, D'Agostino Law Firm, of York, for Appellant.

Herbert W. Hamilton and Walter Keith Martens, Hamilton Martens Ballou & Carroll, LLC, of Rock Hill; and Tracy Thompson Vann, Nexsen Pruet, LLC, of Charlotte, NC, all for Respondents.

Rizon Commercial Contracting, Inc. appeals the circuit court's order vacating its mechanic's liens and dismissing its counterclaim for foreclosure. We find the circuit court erred in determining as a matter of law that Rizon was not a "laborer" that performed work "for the improvement of real estate" under subsection 29-5-20(A) of the...

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