Opinion
Appellate Case No. 2012-213203 Unpublished Opinion No. 2014-UP-278
06-30-2014
Branch Banking and Trust Company, Respondent, v. Graphic Express, LLC, Lanny R. Gunter, II, and Harry B. Benenhaley, Appellants.
S. Jahue Moore and John Calvin Bradley, Jr., both of Moore, Taylor & Thomas, P.A., of West Columbia, for Appellants. Laura Simons Greaver and Jesse Ronald Jones, Jr., both of Clawson & Staubes, LLC, of Charleston, 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 Richland County
L. Casey Manning, Circuit Court Judge
AFFIRMED
S. Jahue Moore and John Calvin Bradley, Jr., both of Moore, Taylor & Thomas, P.A., of West Columbia, for Appellants.
Laura Simons Greaver and Jesse Ronald Jones, Jr., both of Clawson & Staubes, LLC, of Charleston, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295, 301, 641 S.E.2d 903, 907 (2007) (stating issues not raised to and ruled upon by the trial court will not be considered on appeal); Price v. Pickens Cnty., 308 S.C. 64, 68, 416 S.E.2d 666, 668 (Ct. App. 1992) ("A trial [court] will not be reversed for failing to act on a matter that was not submitted to him."); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) ("A party must file [a Rule 59(e), SCRCP,] motion when an issue or argument has been raised, but not ruled on, in order to preserve it for appellate review."); Gilmore v. Ivey, 290 S.C. 53, 58, 348 S.E.2d 180, 183 (Ct. App. 1986) ("While statements of fact can . . . be entitled to consideration by the court in determining whether a genuine issue of material fact exists, factual statements of counsel . . . made during oral argument . . . ordinarily may not be so considered." (citation omitted)); Rule 210(h), SCACR ("[T]he appellate court will not consider any fact which does not appear in the Record on Appeal."). AFFIRMED.
We decide this case without oral argument pursuant to Rule 215, SCACR.