Colucci v. Wilcomp Software, LLC

• Court: Court of Appeals of South Carolina
• Decided: July 5, 2018
• Docket: 2018-UP-309
• Status: Unpublished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

Michael Colucci and Sara Lynn Colucci, by her Personal Representative Michael F. A. Colucci, Respondents,

v.

Northwood Academy and Wilcomp Software, LLC d/b/a RenWeb, Defendants,

Of whom Wilcomp Software, LLC d/b/a RenWeb is the Appellant.

Appellate Case No. 2016-001868

Appeal From Charleston County J. C. Nicholson, Jr., Circuit Court Judge

Unpublished Opinion No. 2018-UP-309 Submitted June 1, 2018 – Filed July 5, 2018

AFFIRMED

Brian Morris Knowles, of Knowles Law Firm, PC, of Summerville; and Derek A. Aldridge, of Perry, Guthery, Haase & Gessford, PC, of Lincoln, Nebraska, for Appellant.

Barry Krell, Jerry Nicholas Theos, and Jeffrey Wayne Buncher, Jr., all of Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith, PA, of Charleston, for Respondents.

PER CURIAM: Wilcomp Software, LLC d/b/a RenWeb appeals the circuit court's order denying its motion to vacate a settlement agreement and granting Michael Colucci's motion to enforce a settlement agreement. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Pye v. Estate of Fox, 369 S.C. 555, 565, 633 S.E.2d 505, 510 (2006) ("Generally, an issue must be raised to and ruled upon by the circuit court to be preserved."); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) (noting 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").

AFFIRMED.1

LOCKEMY, C.J., and WILLIAMS and KONDUROS, JJ., concur.

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