Filed: Dec. 18, 2013
Latest Update: Dec. 18, 2013
Summary: 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), SCARC. PER CURIAM. Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Degenhart v. Knights of Columbus, 309 S.C. 114 , 118, 420 S.E.2d 495 , 497 (1992) ("An issue on which the [lower court] never ruled and which was not raised in post-trial motions is not properly before this [c]ourt."); Plantation Shutter Co. v. Ezell, 328
Summary: 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), SCARC. PER CURIAM. Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Degenhart v. Knights of Columbus, 309 S.C. 114 , 118, 420 S.E.2d 495 , 497 (1992) ("An issue on which the [lower court] never ruled and which was not raised in post-trial motions is not properly before this [c]ourt."); Plantation Shutter Co. v. Ezell, 328 ..
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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), SCARC.
PER CURIAM.
Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Degenhart v. Knights of Columbus, 309 S.C. 114, 118, 420 S.E.2d 495, 497 (1992) ("An issue on which the [lower court] 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 lower court never ruled on the issues and the appellant never made a motion to alter or amend the judgment pursuant to Rule 59(e), SCRCP); McClurg v. Deaton, 395 S.C. 85, 86-87, 716 S.E.2d 887, 887-88 (2011) ("A meritorious defense is necessary in order for a judgment to be set aside under Rule 60(b)."); id. at 87, 716 S.E.2d at 888 (holding if the meritorious defense factor is not ruled upon by the lower court, the denial of a Rule 60(b) claim is not preserved for appellate review); id. (affirming based on preservation because "the issue of a meritorious defense was neither raised to nor ruled upon by the [lower] court"); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) (noting a party must file a Rule 59(e), SCRCP, motion "when an issue or argument has been raised, but not ruled on, in order to preserve it for appellate review").
AFFIRMED.1
HUFF, GEATHERS, and LOCKEMY, JJ., concur.
FootNotes
1. We decide this case without oral argument pursuant to Rule 215, SCACR.
