Opinion
2024-MO-010 Appellate Case 2022-000661
04-24-2024
John M. Burgess, Petitioner, v. Katherine C. Hunter, Respondent.
Stephen N. Garcia, of Garcia Law Firm, LLC, of Greenville, for Petitioner. Andrew F. Lindemann, of Lindemann Law Firm, P.A., 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.
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Heard March 26, 2024.
Appeal from Pickens County Edward W. Miller, Circuit Court Judge
Stephen N. Garcia, of Garcia Law Firm, LLC, of Greenville, for Petitioner.
Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, for Respondent.
MEMORANDUM OPINION
PER CURIAM:
We granted a writ of certiorari to review the court of appeals' decision in Burgess v. Hunter, Op. No. 2022-UP-036 (S.C. Ct. App. filed Feb. 2, 2022). While we do not reject the court of appeals' reliance on issue preservation rules to dispose of this appeal, we have carefully reviewed the record in light of the allegations of misconduct. Assuming issue preservation rules did not pose an obstacle, the appeal would not succeed on the merits. We find the allegations directed at the trial court are without merit, for the record reveals no evidence in support of the allegations of improper nonverbal gestures. Moreover, Petitioner's Rule 59, SCRCP, motion was untimely, and the juror affidavit was patently inadmissible pursuant to Rule 606(b), SCRE. Accordingly, we affirm the court of appeals in result.
AFFIRMED IN RESULT.
BEATTY, C.J., KITTREDGE, FEW, JAMES and HILL, JJ, concur