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Keal v. Day10/21/2005
s option to renew the lease for an additional five-year term after the initial term of the lease had expired. See Skull Creek Club v. Cook and Book, Inc. (1993), 313 S.C. 283, 437 S.E.2d 163. The magistrate cogently observed, " t would be unreasonable for this court to scrutinize the settlement agreement and try to discern which party was more 'successful' based on their settlement agreement."
{ } We agree with the magistrate. By entering into the settlement agreement for a new lease, Keal nullified the benefit that had resulted from his successful defense against Day's claim for forcible entry and detainer. Therefore, he forfeited his status as the prevailing party by agreeing to a new lease, which compromised and altered his terms of possession of the premises under the former lease. The magistrate and the trial court correctly denied the parties' cross-motions for attorney fees.
{ } Therefore, the judgment of the trial court is affirmed.
Judgment affirmed.
SUNDERMANN and HENDON, JJ., concur.
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