Owners Insurance Company v. Warren Mechanical Llc, d/b/a Warren Mechanical

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2093
OWNERS INSURANCE COMPANY,
Plaintiff - Appellee,
v.
WARREN MECHANICAL LLC, d/b/a Warren Mechanical,
Defendant - Appellant.
No. 18-2094
OWNERS INSURANCE COMPANY,
Plaintiff - Appellant,
v.
WARREN MECHANICAL LLC, d/b/a Warren Mechanical,
Defendant - Appellee.
Appeals from the United States District Court for the District of South Carolina, at
Charleston. David C. Norton, District Judge. (2:16-cv-00669-DCN)
Submitted: June 28, 2019 Decided: July 19, 2019

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Before WILKINSON, HARRIS, and QUATTLEBAUM, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kelsey J. Brudvig, Peter H. Dworjanyn, COLLINS & LACY, PC, Columbia, South
Carolina, for Appellant/Cross-Appellee. Morgan S. Templeton, Stephanie G. Brown,
WALL TEMPLETON & HALDRUP, P.A., Charleston, South Carolina, for
Appellee/Cross-Appellant.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Owners Insurance Company filed a declaratory judgment action seeking an order
that an insurance policy issued to Warren Mechanical LLC was void ab initio. The
district court dismissed the action without prejudice, noting that the same issue was
before the state worker’s compensation commission. The court thereafter granted Warren
Mechanical’s motion for recovery of costs but denied Warren Mechanical’s motion for
attorney’s fees. Warren appeals the denial of its motion for attorney’s fees. Owners
Insurance filed a cross-appeal, challenging the district court’s dismissal of the declaratory
judgment action and the award of costs. We have reviewed the record on appeal and find
no abuse of discretion and no reversible error. Accordingly, we affirm for the reasons
stated by the district court. Owners Ins. Co. v. Warren Mech. LLC, No. 2:16-cv-00669-
DCN (D.S.C. Jan. 11, 2018 & Aug. 16, 2018). We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before this court
and argument would not aid the decisional process.
AFFIRMED

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