McGuire v. McGuire

• Court: Court of Appeals of South Carolina
• Decided: December 18, 2013
• Docket: 2013-UP-468
• Status: Unpublished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 McGuire, Appellant,

v.

Janet McGuire, Respondent.

Appellate Case No. 2012-212500

Appeal From York County Jack A. Landis, Family Court Judge

Unpublished Opinion No. 2013-UP-468 Submitted November 1, 2013 – Filed December 18, 2013

AFFIRMED

J. Darrell Beckham, of Law Office of J. Darrell Beckham, LLC, of Prosperity, for Appellant.

Michael Langford Brown, Jr., of Rock Hill, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Doe v. Doe, 370 S.C. 206, 212, 634 S.E.2d 51, 54 (Ct. App. 2006) ("To preserve an issue for appellate review, the issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the [family] court."); id. ("Error preservation requirements are intended 'to enable the lower court to rule properly after it has considered all relevant facts, law, and arguments.'" (quoting Staubes v. City of Folly Beach, 339 S.C. 406, 412, 529 S.E.2d 543, 546 (2000))); id. ("Without an initial ruling by the [family] court, a reviewing court simply is not able to evaluate whether the [family] court committed error."); id. at 212, 634 S.E.2d at 54-55 ("Therefore, when an appellant neither raises an issue at trial nor through a Rule 59(e), SCRCP, motion, the issue is not preserved for appellate review."); Great Games, Inc. v. S.C. Dep't of Rev., 339 S.C. 79, 85, 529 S.E.2d 6, 9 (2000) (holding a constitutional challenge was not preserved for appellate review when it was not ruled upon by the trial court and that omission was not raised in a motion for reconsideration).

AFFIRMED.1

HUFF, GEATHERS, and LOCKEMY, JJ., concur.

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