Westgate Myrtle Beach, LLC v. Holiday Hospitality Franch.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:08-cv-03590-JMC Copies to all parties and the district court/agency. [998871979].. [11-1644]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1644
WESTGATE MYRTLE BEACH, LLC, a Florida Limited
Liability Company,
Plaintiff − Appellant,
v.
HOLIDAY HOSPITALITY FRANCHISING, INC., a
Delaware Corporation,
Defendant − Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
J. Michelle Childs, District
Judge. (4:08-cv-03590-JMC)
Argued:
May 16, 2012
Decided:
June 11, 2012
Before MOTZ, DAVIS, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ARGUED: Ronald Hawthorne Barrett, TURNER, PADGET, GRAHAM &
LANEY, PA, Columbia, South Carolina, for Appellant.
Merritt
Gordon
Abney,
NELSON
MULLINS
RILEY
&
SCARBOROUGH,
LLP,
Charleston, South Carolina, for Appellee.
ON BRIEF: John S.
Wilkerson, III, TURNER, PADGET, GRAHAM & LANEY, PA, Charleston,
South Carolina, for Appellant. Richard A. Farrier, Jr., NELSON
MULLINS RILEY & SCARBOROUGH, LLP, Charleston, South Carolina,
for Appellee.
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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
This
appeal
arises
from
the
purchase
by
Appellant
Westgate Myrtle Beach, LLC (“Westgate”), a timeshare developer,
of a beachfront resort property from an entity known as MB Inn,
Inc.
(“MBII”),
pursuant
to
which
a
operated
license
the
property
agreement
with
as
a
Holiday
Appellee
Inn
Holiday
Hospitality Franchising, Inc. (“Holiday”). 1 Westgate and Holiday
entered into a Temporary License Agreement (“TLA”) that allowed
Westgate to continue to operate the property as a Holiday Inn
for six months following the closing.
The TLA was extended several times to permit continued
negotiations
timeshare
about
resort
in
the
possibility
conjunction
with
of
a
Westgate
Holiday
opening
Inn
at
a
the
property on a long-term basis. Ultimately, Westgate and Holiday
failed to reach agreement, and the TLA expired.
Pursuant to the
TLA, Westgate operated the property as a Holiday Inn until the
TLA expired and paid Holiday licensing fees specified in the TLA
for this period.
Thereafter,
Westgate
filed
suit
against
Holiday
alleging claims for unjust enrichment and promissory estoppel.
Holiday denied Westgate’s allegations and, asserting that its
1
MBII was not involved in the litigation giving rise to
this appeal.
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defense of Westgate’s claims constituted an “enforcement” of its
rights
under
the
TLA,
it
counterclaimed
for
recovery
of
its
attorneys’ fees and expenses pursuant to the TLA.
At
granted
the
summary
conclusion
judgment
in
of
discovery,
favor
of
the
Holiday
district
on
the
court
merits;
indeed, Westgate conceded that Holiday was entitled to summary
judgment
on
Westgate’s
claims
for
unjust
enrichment
and
promissory estoppel. 2 Subsequently, the district court granted
Holiday’s motion for summary judgment on its counterclaim for
attorneys’ fees and expenses and denied Westgate’s cross-motion
seeking dismissal of the same. Specifically, the court found
that Holiday was entitled to an award of attorneys’ fees in the
amount of $235,760.40, and costs and expenses in the amount of
$69,056.05.
Westgate timely appeals, contending principally that
Holiday is not entitled to recover its fees and costs because
Holiday was not “enforcing” its rights under the TLA but was
merely defending non-contractual claims arising independently of
the TLA.
Westgate also contends, in the alternative, that the
amount of the district court’s award is unreasonable.
2
At oral argument before us, Westgate explained that the
suit was filed with an expectation that certain evidence
supporting its claims would emerge during discovery, but that by
the time Holiday’s motion for summary judgment was ripe for
determination, such evidence had not been obtained.
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Having had the benefit of oral argument and having
carefully reviewed the briefs, record and applicable law, we
agree with the district court’s analysis as set forth in its
well-reasoned orders. See Westgate Myrtle Beach, LLC v. Holiday
Hospitality
Franchising,
Inc.,
No.
4:08-cv-03590-JMC,
2010
WL
4751573 (D.S.C. Nov. 16, 2010); Westgate Myrtle Beach, LLC v.
Holiday
Hospitality
Franchising,
Inc.,
No.
4:08-cv-03590-JMC
(D.S.C. June 2, 2011), ECF No. 76. Accordingly, we affirm the
judgment for the reasons stated by the district court.
AFFIRMED
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