White's Mill v. Weeks

• Court: Court of Appeals of South Carolina
• Decided: May 8, 2013
• Docket: 2013-UP-187
• Status: Unpublished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

White's Mill Colony, Inc., Respondent,

v.

Richard Weeks, Lillian Davis, Jerry Rouse, Jimmie Johnson, and Leon Kelly, Defendants,

Of whom Richard Weeks is the Appellant.

Appellate Case No. 2011-184846

Appeal From Sumter County Richard L. Booth, Master-in-Equity

Unpublished Opinion No. 2013-UP-187 Submitted April 1, 2013 – Filed May 8, 2013

AFFIRMED

Richard Weeks, of Sumter, pro se.

Kenneth R. Young, Jr., of Young, Keffer, & Donnald, LLC, of Sumter, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities:

1. As to Weeks's argument the master-in-equity's orders do not accurately reflect what occurred during the hearing and contained a material deficiency: Degenhart v. Knights of Columbus, 309 S.C. 114, 118, 420 S.E.2d 495, 497 (1992) ("An issue on which the master-in-equity never ruled and which was not raised in post-trial motions is not properly before this [c]ourt."); Plantation Shutter Co. v. Ezell, 328 S.C. 475, 481 n.2, 492 S.E.2d 404, 407 n.2 (Ct. App. 1997) (noting issues are not preserved for appellate review when the master-in-equity never ruled on the issues and the appellant never made a motion to amend or alter the judgment pursuant to Rule 59(e), SCRCP).

2. As to Weeks's argument concerning the falsification of the hearing transcript: Ellie, Inc. v. Miccichi, 358 S.C. 78, 103, 594 S.E.2d 485, 498 (Ct. App. 2004) (holding an appellate court cannot address an issue unless it was raised to and ruled upon by the master-in-equity).

AFFIRMED.1

HUFF, WILLIAMS, and KONDUROS, JJ., concur.

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