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Wells Fargo Bank, N.A. v. Coffaro

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 28, 2012
Appellate Case No. 2011-191627 (S.C. Ct. App. Nov. 28, 2012)

Opinion

Appellate Case No. 2011-191627 Unpublished Opinion No. 2012-UP-624

11-28-2012

Wells Fargo Bank, N.A., Respondent, v. Kathleen M. Coffaro, First Federal Savings and Loan Association of Charleston, and Brickyard Plantation Property Owners Association, Inc., Defendants, Of whom Kathleen M. Coffaro is the Appellant.

Mary Leigh Arnold, of Mount Pleasant, for Appellant. Thomas E. Lydon, McAngus Goudelock & Courie, LLC, 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 Charleston County

Mikell R. Scarborough, Master-in-Equity


AFFIRMED

Mary Leigh Arnold, of Mount Pleasant, for Appellant.

Thomas E. Lydon, McAngus Goudelock & Courie, LLC,

of Columbia, for Respondent.
PER CURIAM : Kathleen Coffaro appeals the post-foreclosure judgment orders of the master-in-equity, arguing the court erred in violating the provisions of numerous rules of civil procedure. Because the only issues she raised below were raised in her post-judgment motions, we address them under Rule 60(b), SCRCP. We find that the master committed no error of law and that the master's factual determinations are supported by the record. See McClurg v. Deaton, 380 S.C. 563, 570, 671 S.E.2d 87, 91 (Ct. App. 2008) ("The decision to grant or deny a motion for relief from judgment lies within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion. . . . An abuse of discretion arises where the judge issuing the order was controlled by an error of law or where the order is based on factual conclusions that are without evidentiary support." (citations omitted)), aff'd, 395 S.C. 85, 716 S.E.2d 887 (2011). Therefore, we affirm pursuant to Rule 220(b)(1), SCACR, McClurg, and the following additional authorities: Sundown Operating Co., Inc. v. Intedge Indus., Inc., 383 S.C. 601, 608, 681 S.E.2d 885, 888 (2009) ("Once a default judgment has been entered, a party seeking to be relieved must do so under Rule 60(b), SCRCP."); BB & T v. Taylor, 369 S.C. 548, 552, 633 S.E.2d 501, 503 (2006) ("The movant in a Rule 60(b) motion has the burden of presenting evidence proving the facts essential to entitle her to relief."); Roche v. Young Bros., Inc., of Florence, 332 S.C. 75, 81, 504 S.E.2d 311, 314 (1998) (stating a "defaulting party is deemed to have admitted the truth of the plaintiff's allegations and to have conceded liability").

AFFIRMED.

FEW, C.J., and WILLIAMS and PIEPER, JJ., concur.


Summaries of

Wells Fargo Bank, N.A. v. Coffaro

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 28, 2012
Appellate Case No. 2011-191627 (S.C. Ct. App. Nov. 28, 2012)
Case details for

Wells Fargo Bank, N.A. v. Coffaro

Case Details

Full title:Wells Fargo Bank, N.A., Respondent, v. Kathleen M. Coffaro, First Federal…

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Nov 28, 2012

Citations

Appellate Case No. 2011-191627 (S.C. Ct. App. Nov. 28, 2012)