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BRANCH BANKING AND TRUST COMPANY v. GRAPHIC EXPRESS, LLC, 2014-UP-278. (2014)

Court: Court of Appeals of South Carolina Number: inscco20141027288 Visitors: 1
Filed: Jun. 30, 2014
Latest Update: Jun. 30, 2014
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: S.C. Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295 , 301, 641 S.E.2d 903 , 907 (2007) (stating issues not raised to and ruled upon by the trial court will not be considered on appeal); Price v. Pickens Cnty., 308 S.C. 64 , 68, 416 S.E.2d
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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: S.C. Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295, 301, 641 S.E.2d 903, 907 (2007) (stating issues not raised to and ruled upon by the trial court will not be considered on appeal); Price v. Pickens Cnty., 308 S.C. 64, 68, 416 S.E.2d 666, 668 (Ct. App. 1992) ("A trial [court] will not be reversed for failing to act on a matter that was not submitted to him."); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) ("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."); Gilmore v. Ivey, 290 S.C. 53, 58, 348 S.E.2d 180, 183 (Ct. App. 1986) ("While statements of fact can . . . be entitled to consideration by the court in determining whether a genuine issue of material fact exists, factual statements of counsel . . . made during oral argument . . . ordinarily may not be so considered." (citation omitted)); Rule 210(h), SCACR ("[T]he appellate court will not consider any fact which does not appear in the Record on Appeal.").

AFFIRMED.1

HUFF, THOMAS, and GEATHERS, JJ., concur.

FootNotes


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

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