Brown v. Odom

• Court: Court of Appeals of South Carolina
• Decided: May 29, 2013
• Docket: 2013-UP-226
• Status: Unpublished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

Jeremy J. Brown, Respondent,

v.

Bonnie Sue Odom, Appellant.

Appellate Case No. 2011-203466

Appeal From Anderson County Tommy B. Edwards, Family Court Judge

Unpublished Opinion No. 2013-UP-226 Heard May 15, 2013 – Filed May 29, 2013

AFFIRMED

William Patrick Yon, of Chapman Byrholdt & Yon, LLP, of Anderson, for Appellant.

Jeremy J. Brown, of Anderson, pro se.

PER CURIAM: Bonnie Sue Odom appeals a contempt order, arguing the family court erred in (1) finding she willfully violated a restraining order, and (2) imposing a criminal sanction for civil contempt. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to whether the family court erred in finding Odom in contempt for violating a restraining order: Argabright v. Argabright, 398 S.C. 176, 179, 727 S.E.2d 748, 750 (2012) (noting the standard of review in an appeal from the family court is de novo); Hawkins v. Mullins, 359 S.C. 497, 501, 597 S.E.2d 897, 899 (Ct. App. 2004) ("A party may be found in contempt of court for the willful violation of a lawful court order.").

2. As to Odom's argument the family court erred in imposing a criminal sanction for civil contempt: Ex parte Cannon, 385 S.C. 643, 669, 685 S.E.2d 814, 828 (Ct. App. 2009) ("An issue must be raised to and ruled upon by the [family] court to be preserved for appellate review."); State v. Passmore, 363 S.C. 568, 586, 611 S.E.2d 273, 283 (Ct. App. 2005) (finding issue of criminal contempt sentence unpreserved for appellate review where appellant failed to raise an objection at trial).

AFFIRMED.

FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.