Inglese v. Beal
403 S.C. 290
S.C. Ct. App.2013Background
- Inglese, a closing attorney, withheld net closing proceeds in reliance on an oral agreement to discharge a multimillion-dollar judgment lien, but no written agreement existed.
- Beal, the seller, and the buyer relied on Inglese to close the Real Estate transaction; Beal’s owner’s affidavit and a separate Beal affidavit were crossed out and initialed by Inglese.
- The title search disclosed a judgment lien; Stemke denied an oral agreement and would not release the lien when Inglese attempted to close.
- The title insurer paid $10,000 to release the lien and later revoked Inglese’s status as an approved title agent; Inglese paid the insurer $10,000 to settle the insurer’s suit.
- Inglese filed a lawsuit against Beal seeking unjust enrichment and equitable indemnity; Beal moved for summary judgment asserting voluntary payment and unclean hands defenses, which the circuit court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unjust enrichment elements | Inglese alleges Beal benefited from Inglese's payment to insurer. | Beal argues no non-gratuitous benefit conferred; Beal did not request payment or know of the oral agreement. | Unjust enrichment claim fails as a matter of law. |
| Equitable indemnity elements | Beal is at fault or jointly liable; Inglese incurred necessary defense costs. | Beal had no fault; Inglese failed to resolve lien in writing; oral agreement insufficient. | Equitable indemnity claim fails as a matter of law. |
| Attorney's fiduciary duty at closing | Attorney duty to protect closing finality notwithstanding oral arrangements. | Beal is not at fault; reliance on oral agreement implicates closing risk rather than fault. | Duty to secure finality required written documentation; failure supports summary judgment for Beal on indemnity. |
Key Cases Cited
- Matrix Fin. Servs. Corp. v. Frazer, 394 S.C. 134 (2011) (attorney supervision in real estate closings for public protection)
- Buyers Serv. Co., 292 S.C. 426 (1987) (closing closings must be conducted under attorney supervision)
- Ducker v. Standard Supply Co., 280 S.C. 157 (1984) (judgment lien can be a real property encumbrance)
- Erickson v. Jones St. Publishers, L.L.C., 368 S.C. 444 (2006) (context for fault and indemnity discussions)
- Meacher v. Walterboro Cmty. Hosp., 392 S.C. 479 (2011) (indemnity fault discussions; Meacher noted in analysis)
- Addy v. Bolton, 257 S.C. 28 (1971) (elements of equitable indemnity)
- Vermeer Carolina’s, Inc. v. Wood/Chuck Chipper Corp., 336 S.C. 53 (Ct.App. 1999) (joint tortfeasors and indemnity principles)
- Winnsboro v. Wiedeman-Singleton, Inc., 307 S.C. 52 (1992) (scope and elements of equitable indemnity)