Simmons v. Charleston County

• Court: Court of Appeals of South Carolina
• Decided: November 6, 2013
• Docket: 2013-UP-406
• Status: Unpublished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

Harold Simmons, Jr., Appellant,

v.

Charleston County Family Court, Paul W. Garfinkel and South Carolina Department of Social Services, Pamela Brown, Respondents.

Appellate Case No. 2011-186587

Appeal From Charleston County Roger M. Young, Circuit Court Judge

Unpublished Opinion No. 2013-UP-406 Submitted October 1, 2013 – Filed November 6, 2013

AFFIRMED

Harold Simmons, Jr., of Charleston, pro se.

James A. Stuckey, Jr., and Alissa R. Collins, both of Stuckey Law Offices, LLC, of Charleston, for Respondents.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: B & A Dev., Inc. v. Georgetown Cnty., 372 S.C. 261, 271, 641 S.E.2d 888, 894 (2007) ("It is well settled that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial court to be preserved for appellate review."); I'On, L.L.C. v. Town of Mt. Pleasant, 338 S.C. 406, 422, 526 S.E.2d 716, 724 (2000) (holding that, if the losing party has raised an issue in the lower court, but the court fails to rule upon it, the party must file a Rule 59(e) motion to alter or amend the judgment in order to preserve the issue for appellate review).

AFFIRMED.1

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

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