¶1I would remand the case for the following reasons. A cause of action for equitable indemnification is necessarily equitable in nature and our scope of review permits us to find facts in accordance with our view of the preponderance of the evidence. Townes Associates, Ltd. v. City of Greenville, 266 S.C. 81, 221 S.E. (2d) 773 (1976).
¶2The majority sets forth in Part I of their opinion the criteria for determining whether a settlement qualifies for equitable indemnification. Of course, the trial judge did not address these criteria. Without indicating any agreement with these criteria, I would find there is insufficient evidence in the record to determine either that the decision to settle or the amount of the settlement was reasonable.
¶3I note there is an exhibit that purports to set forth the Griffins’ damages and the Griffins’ answer to Gregory’s interrogatories also sets out damages. I cannot, however, reconcile these exhibits. Indeed, much of the damages set forth on these documents could not have been caused by the conduct of Gregory. The Griffins state in their answer to Gregory’s interrogatories that they sustained damages to their home of $5,298, plus damages for fraud, misrepresentation, and punitive damages. A close examination of the $5,298 figure indicates this expense was to replace flooring and sills. Surely, Gregory’s conduct did not cause the sills and floor to rot. Likewise, examination of the exhibit suggests a portion of the estimate does not relate to the termite and moisture damage. Because the Griffins claimed actual damages exceeding the $16,000 paid by the Van Normans and Gregory it can be reasonably inferred that a portion of the monies paid was for the repair of the infrastructure of the house and for correcting the moisture problem. Some of these expenses would have been incurred by the Van Normans in any event. Gregory failed to discover this damage and/or misrepresented its existence. He did not create it.
¶4I differ .with the trial judge that the preponderance of the evidence supports his finding that the loss suffered by the Griffins was occasioned solely by the conduct of Gregory. In any event, I would remand this case to the trial court for a determination of the reasonableness of the settlement.