Opinion
2016-UP-169
04-06-2016
Ernestine N. Palmer, as Trustee of the Article IV Trust created under the Will of Mary Denman Newman, deceased; Ronald O. Palmer, and Ernestine N. Palmer, as Trustee of the Article IV Trust created under the Will of James E. Newman, deceased; Respondents, v. Hatcham Grove, Inc., and David H. Lucas, Appellants.
Magalie Arcure Creech, of Finkel Law Firm, LLC, of Charleston, for Appellants. Kyle B. Parker, of Pope & Hudgens, PA, of Newberry, for Respondents.
UNPUBLISHED OPINION
Submitted March 1, 2016
Appeal From Lee County Appellate Case No. 2014-002451 W. Jeffrey Young, Circuit Court Judge
Magalie Arcure Creech, of Finkel Law Firm, LLC, of Charleston, for Appellants.
Kyle B. Parker, of Pope & Hudgens, PA, of Newberry, for Respondents.
PER CURIAM
Appellants appeal the circuit court's grant of summary judgment in favor of Respondents. The circuit court granted summary judgment on Appellants' claim Respondents violated section 37-10-102 of the South Carolina Code (Attorney Preference Statute) during the execution of a mortgage loan between the parties. Appellants argue the circuit court improperly granted summary judgment because Respondents did not satisfy their statutory burden by showing they substantially complied with the Attorney Preference Statute by ascertaining Appellants' preferred representative legal counsel prior to the mortgage closing. We find the Attorney Preference Statute inapplicable to the underlying loan transaction. Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: Rule 220(c), SCACR ("The appellate court may affirm any ruling, order, decision or judgment upon any ground(s) appearing in the Record on Appeal."); S.C. Code Ann. § 37-10-102 (2015) (stating a lender must ascertain the borrower's attorney preference prior to the closing of a loan "secured in whole or in part by a lien on real estate, " when the primary purpose of the loan is for a "personal, family or household purpose" (emphasis added)).
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
SHORT, KONDUROS, and GEATHERS, JJ., concur.