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DOE v. CITY OF DUNCAN, 2014-UP-400. (2014)

Court: Court of Appeals of South Carolina Number: inscco20141112440 Visitors: 4
Filed: Nov. 12, 2014
Latest Update: Nov. 12, 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. John Doe appeals the trial court's dismissal of his action pursuant to Rules 3, 12(b)(1), and 12(b)(2), SCRCP. Doe argues the trial court improperly dismissed his action because it did not apply the Servicemembers Civil Relief Act. 1 We affirm pursuant to Rule 220(b), SCACR, and the following authority: I'On, L.L.C. v. Town of Mt.
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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.

John Doe appeals the trial court's dismissal of his action pursuant to Rules 3, 12(b)(1), and 12(b)(2), SCRCP. Doe argues the trial court improperly dismissed his action because it did not apply the Servicemembers Civil Relief Act.1 We affirm pursuant to Rule 220(b), SCACR, and the following authority: I'On, L.L.C. v. Town of Mt. Pleasant, 338 S.C. 406, 422, 526 S.E.2d 716, 724 (2000) (holding if the losing party has raised an issue in the lower court, but the court fails to rule upon it, the party must file a Rule 59(e), SCRCP, motion to alter or amend the judgment in order to preserve the issue for appellate review).

AFFIRMED.2

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

FootNotes


1. 50 App. U.S.C.A. §§ 501-515 and 516-597b (Supp. 2014).
2. We decide this case without oral argument pursuant to Rule 215, SCACR.
Source:  Leagle

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