SCDSS v. Fields

• Court: Court of Appeals of South Carolina
• Decided: February 8, 2017
• Docket: 2017-UP-087
• Status: Unpublished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

South Carolina Department of Social Services, Respondent,

v.

Kenneth Fields, Sr. and Janette Fields, Defendants,

Of whom Kenneth Fields, Sr. is the Appellant.

In the interest of a minor under the age of eighteen.

Appellate Case No. 2015-002117

Appeal From Beaufort County Coreen B. Khoury, Family Court Judge

Unpublished Opinion No. 2017-UP-087 Submitted January 10, 2017 – Filed February 8, 2017

AFFIRMED

Marshall L. Horton and Lindsay Yoas Goodman, both of Horton & Goodman, LLC, of Bluffton, for Appellant.

Scarlet Bell Moore, of Greenville, for Respondent.

Gregory Michael Galvin, of Galvin Law Group, of Bluffton, for the Guardian ad Litem. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Simmons v. Simmons, 392 S.C. 412, 414, 709 S.E.2d 666, 667 (2011) ("In appeals from the family court, this [c]ourt reviews factual and legal issues de novo."); Michael P. v. Greenville Cty. Dep't. of Soc. Servs., 385 S.C. 407, 413 n.4, 684 S.E.2d 211, 214 n.4 (Ct. App. 2009) (finding an issue was not properly preserved when the appellant did not object during the family court hearing); Ex Parte Morris, 367 S.C. 56, 65, 624 S.E.2d 649, 654 (2006) (acknowledging "procedural rules are subservient to the court's duty to zealously guard the rights of minors" (quoting Joiner ex rel. Rivas v. Rivas, 342 S.C. 102, 107, 536 S.E.2d 372, 374 (2000))); id. (declining "to exercise [its] discretion to avoid application of the procedural bar").

AFFIRMED.1

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

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