THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

First South Bank, Appellant,

v.

Selective Project Management, Inc. d/b/a Selective Project Management, LLC, J. Michael Leath, and Ann K. Leath, Defendants,

Of whom

Ann K. Leath is Respondent.


Appeal From Richland County
 James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-329
Submitted May 1, 2008 – Filed June 30, 2008   


AFFIRMED IN PART, REVERSED IN PART,
AND REMANDED


Donald W. Tyler and Donald W. Tyler, Jr., of Columbia, for Appellant.

Todd R. Ellis and R. Trippett Boineau, III, of Columbia, for Respondent.

PER CURIAM:  First South Bank (First South) appeals the trial court’s order granting attorneys’ fees, arguing the order failed to award First South legal costs and attorneys’ fees incurred in bringing an action to set aside a fraudulent conveyance of property.  We affirm in part, reverse in part, and remand.[1]

FACTS

In 2002, First South loaned $80,000 to Selective Project Management, Inc. (Selective Project), and as a condition of the loan, First South required Ann Leath to sign and execute a guaranty for all present and future obligations of Selective Project.[2]  The guaranty provided Leath’s liability was “unlimited” and First South may “at any time or from time to time [] make loans or extend other accommodations to or for the account of Selective Project.”  The guaranty further provided Leath was “liable for all indebtedness, without any limitation as to amount [], plus accrued interest thereon and all attorneys’ fees, collection costs and enforc