Opinion
2015-UP-507
11-04-2015
Bank of America f/k/a Countrywide Home Loans, d/b/a America's Wholesale Lending, Respondent, v. Cornell L. Williams, Deborah P. Williams, George Rodney Derrick and Mary Scarborough, as Delinquent Tax Collector for Charleston County, of whom George Rodney Derrick is the Appellant. Appellate Case No. 2014-001113
Steven L. Smith, of Smith Closser, of Charleston, for Appellant. Dean Anthony Hayes, of Hayes Law, LLC, of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted September 1, 2015
Appeal From Charleston County Mikell R. Scarborough, Master-in-Equity
Steven L. Smith, of Smith Closser, of Charleston, for Appellant.
Dean Anthony Hayes, of Hayes Law, LLC, of Columbia, for Respondent.
PER CURIAM.
George Rodney Derrick appeals the master-in-equity's order denying his motion for reconsideration. On appeal, Derrick argues the master-inequity erred in (1) finding he was properly served by publication and (2) not holding a hearing on his motion for reconsideration. We affirm.
1. Derrick's argument that the affidavit supporting the petition for publication contained material misrepresentations is not preserved. Although Derrick asserted in his May 5, 2014 and May 8, 2014 motions that he was not properly served, he did not allege fraud, assert Bank of America did not comply with the statute for service by publication, or assert the affidavit of publication was not filed. See Caldwell v. Wiquist, 402 S.C. 565, 577, 741 S.E.2d 583, 589-90 (Ct. App. 2013) (finding the issue of whether the order of publication was obtained by fraud was not preserved when the appellant never raised that argument to the trial court).
2. Derrick's argument that the master-in-equity violated his due process rights by not holding a hearing is not preserved. See Caldwell, 402 S.C. at 576, 741 S.E.2d at 589 ("Issues and arguments are preserved for appellate review only when they are raised to and ruled on by the lower court."); id. ("Constitutional arguments are no exception to the preservation rules.").
We decide this case without oral argument pursuant to Rule 215, SCACR.
HUFF, WILLIAMS, and THOMAS, JJ., concur.