State v. Sun

• Court: Court of Appeals of South Carolina
• Decided: January 22, 2014
• Docket: 2014-UP-029
• Status: Unpublished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

The State, Respondent,

v.

Joseph C. Sun, Appellant.

Appellate Case No. 2011-200406

Appeal From Jasper County Michael G. Nettles, Circuit Court Judge

Unpublished Opinion No. 2014-UP-029 Submitted October 1, 2013 – Filed January 22, 2014

AFFIRMED

Joseph C. Sun, of Bluffton, pro se.

Solicitor Darrell T. Johnson, Jr., of Hardeeville, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities:

1. As to whether the circuit court erred in overlooking Joseph C. Sun's response to the magistrates court's return: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) (stating the circuit court must rule on an issue in order for it to be preserved for appellate review); State v. Policao, 402 S.C. 547, 556, 741 S.E.2d 774, 778 (Ct. App. 2013) (recognizing an appellate court will not review arguments raised for the first time on appeal); City of Rock Hill v. Suchenski, 374 S.C. 12, 16, 646 S.E.2d 879, 880 (2007) (holding when the circuit court did not rule on an issue in its final order and the party did not make a post-judgment motion for a ruling, the issue was unpreserved).

2. As to whether the circuit court erred in determining the magistrates court provided Sun sufficient notice of the bench trial: Van Blarcum v. City of N. Myrtle Beach, 337 S.C. 446, 453, 523 S.E.2d 486, 490 (Ct. App. 1999) (stating a reviewing court cannot address an issue on which there is an implicit rather than explicit ruling); State v. Bruce, 402 S.C. 621, 625, 741 S.E.2d 590, 592 (Ct. App. 2013) ("Unless the [circuit] court makes sufficiently specific factual findings on the record, this court has no basis on which to review those findings or the [circuit] court's legal conclusions."); State v. Blackwell-Selim, 392 S.C. 1, 4, 707 S.E.2d 426, 428 (2011) (holding because the circuit court failed to make specific findings of fact to support its ruling, "there was nothing for the [c]ourt of [a]ppeals to review").

AFFIRMED.1

FEW, C.J., and PIEPER and KONDUROS, JJ., concur.

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