O’brian v. Langley Schoo

507 S.E.2d 363 (1998)

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Nature of the Case

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Facts

D enrolled their daughter as a student at P for the 1995-96 academic year. They executed a Membership Agreement' to enroll their daughter in the second grade for the ensuing academic year. They paid a deposit in the amount of $ 1,055 to P. D subsequently decided to withdraw their daughter from Langley in a letter dated June 13, 1996. P informed the D in two separate letters dated June 18 and June 20, 1996 that they were obligated to pay the entire amount of the 1996-97 tuition because they had not timely notified Langley of their decision to withdraw their daughter. The agreement stated that notice must be received by an authorized administrative employee of the School no later than 4:30 p.m. on June 1, 1996. No refunds were to be given for notices after that date, and liquidated damages were to be the agreed upon tuition. D refused to pay the agreed-upon tuition as liquidated damages. P filed a motion for judgment seeking the unpaid tuition. In one of the interrogatories, D asked P whether it had made reasonable efforts to fill the spot made available by the withdrawal. P stated that it 'does not so contend because it has no obligation to do so by virtue of' the Agreement. D then filed a motion to compel discovery, which the circuit court denied. P moved for summary judgment, and it was granted in the amount of $9,745, plus late payment fees from June 1, 1996, and an attorney's fee in the amount of $8,900. D appealed.