(DOWNLOAD) "Great Seneca Financial Corp. v. Lisher" by South Carolina Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Great Seneca Financial Corp. v. Lisher
• Author : South Carolina Supreme Court
• Release Date : January 05, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The appeal in this case by defendant arises out of an arbitration proceeding under ORS chapter 36. Plaintiff filed a complaint for money damages in circuit court alleging that defendant was a cosigner on a delinquent credit card account. Defendant filed an answer denying that she had entered into any agreement to pay for the charges incurred by the cardholder in excess of $500 and a counterclaim seeking to recover her attorney fees incurred in defense of plaintiffs action. Pursuant to the order of the court, the case was referred to mandatory arbitration under ORS 36.400 to 36.425. The arbitrator ruled that defendant was not liable on plaintiffs claim, but also that she was not entitled to attorney fees for successfully defending plaintiffs claim because there was no agreement between the parties that contained a provision for attorney fees. Neither party sought a trial de novo in circuit court pursuant to ORS 36.425(2)(a). However, defendant filed an exception to the arbitrators denial of her request for an award of attorney fees under ORS 36.425(6). Ultimately, the trial court denied defendants exception and a supplement judgment was entered upholding the arbitrators denial of attorney fees, from which defendant appeals.

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