Opinion
Appellate Case No. 2013-001524 Unpublished Opinion No. 2015-UP-110
03-04-2015
Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007-CH1, Asset Backed Pass Through Certificates, Series 2007-CH1, Respondent, v. Cora B. Wilks, David C. Wilks, Chase Bank USA, N.A., and Midland Funding, LLC, Defendants, Of Whom Cora B. Wilks and David C. Wilks are Appellants.
John Martin Foster, of Rock Hill, for Appellants. Benjamin Rush Smith, III, and Michael J. Anzelmo, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.
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. Appeal From York County
S. Jackson Kimball, III, Special Circuit Court Judge
AFFIRMED
John Martin Foster, of Rock Hill, for Appellants. 2 Benjamin Rush Smith, III, and Michael J. Anzelmo, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial [court] to be preserved for appellate review."); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) (holding when the trial court fails to rule on an issue properly before it, a party must file a Rule 59(e), SCRCP, motion to preserve the issue for appellate review). AFFIRMED. HUFF, SHORT, and KONDUROS, JJ., concur.