Turner v. Sawadske

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

Nancy Schaffer Turner, as Personal Representative of the Estate of Martha L. Schaffer, Appellant,

v.

Susan Linda Schaffer Sawadske, Respondent.

Appellate Case No. 2013-000457

Appeal From Berkeley County Kristi Lea Harrington, Circuit Court Judge

Unpublished Opinion No. 2016-UP-081 Submitted December 1, 2015 – Filed February 24, 2016

VACATED

Nancy Schaffer Turner, of Bennett, North Carolina, pro se.

Andrew T. Shepherd and Katherine H. Hyland, both of Hart Hyland Shepherd, LLC, of Summerville, for Respondent.

PER CURIAM: Nancy Schaffer Turner appeals the circuit court's order affirming the probate court's finding that the statute of limitations barred Turner's request to set aside a deed. We vacate the circuit court's order and reinstate the probate court's order because the appeal to the circuit court was untimely. See S.C. Code Ann. § 62-1-308(a) (Supp. 2015) ("The notice of intention to appeal to the circuit court must be filed in the office of the circuit court and in the office of the probate court and a copy served on all parties not in default within ten days after receipt of written notice of the appealed from order . . . ."); In re Estate of Cretzmeyer, 365 S.C. 12, 14, 615 S.E.2d 116, 116-17 (2005) ("[Section 62-1-308(a)] is clear that the notice of appeal 'must be filed' in the circuit court within the ten-day period."); Great Games, Inc. v. S.C. Dep't of Revenue, 339 S.C. 79, 82 n.5, 529 S.E.2d 6, 7 n.5 (2000) ("The failure of a party to comply with the procedural requirements for perfecting an appeal may deprive the court of 'appellate' jurisdiction over the case . . . ."); Gallagher v. Evert, 353 S.C. 59, 68-69, 577 S.E.2d 217, 221-22 (Ct. App. 2002) (vacating a circuit court's ruling and reinstating a probate court's award when the appealing party failed to timely appeal to the circuit court).

VACATED.1

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

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