Branch Banking v. Graphic Express

• Court: Court of Appeals of South Carolina
• Decided: June 30, 2014
• Docket: 2014-UP-278
• Status: Unpublished

Opinion

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

Branch Banking and Trust Company, Respondent,

v.

Graphic Express, LLC, Lanny R. Gunter, II, and Harry B. Benenhaley, Appellants.

Appellate Case No. 2012-213203

Appeal From Richland County L. Casey Manning, Circuit Court Judge

Unpublished Opinion No. 2014-UP-278 Submitted April 1, 2014 – Filed June 30, 2014

AFFIRMED

S. Jahue Moore and John Calvin Bradley, Jr., both of Moore, Taylor & Thomas, P.A., of West Columbia, for Appellants.

Laura Simons Greaver and Jesse Ronald Jones, Jr., both of Clawson & Staubes, LLC, of Charleston, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295, 301, 641 S.E.2d 903, 907 (2007) (stating issues not raised to and ruled upon by the trial court will not be considered on appeal); Price v. Pickens Cnty., 308 S.C. 64, 68, 416 S.E.2d 666, 668 (Ct. App. 1992) ("A trial [court] will not be reversed for failing to act on a matter that was not submitted to him."); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) ("A party must file [a Rule 59(e), SCRCP,] motion when an issue or argument has been raised, but not ruled on, in order to preserve it for appellate review."); Gilmore v. Ivey, 290 S.C. 53, 58, 348 S.E.2d 180, 183 (Ct. App. 1986) ("While statements of fact can . . . be entitled to consideration by the court in determining whether a genuine issue of material fact exists, factual statements of counsel . . . made during oral argument . . . ordinarily may not be so considered." (citation omitted)); Rule 210(h), SCACR ("[T]he appellate court will not consider any fact which does not appear in the Record on Appeal.").

AFFIRMED.1

HUFF, THOMAS, and GEATHERS, JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.