Opinion
2022-UP-012 Appellate Case 2019-001252
01-12-2022
Charles F. Burton, Appellant, v. Lexington County Solicitor, Respondent.
Charles Thomas Brooks, III, of The Law Office of Charles T. Brooks, III, of Sumter, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Harley Littleton Kirkland, both 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.
Submitted November 1, 2021
Appeal From Lexington County R. Lawton McIntosh, Circuit Court Judge
Charles Thomas Brooks, III, of The Law Office of Charles T. Brooks, III, of Sumter, for Appellant.
Attorney General Alan McCrory Wilson and Assistant Attorney General Harley Littleton Kirkland, both of Columbia, for Respondent.
PER CURIAM.
Charles F. Burton appeals the circuit court's grant of summary judgment in favor of the Lexington County Solicitor in Burton's action for an expungement. On appeal, Burton argues the circuit court erred in finding no genuine issues of material fact existed. We find this argument is unpreserved for appellate review because Burton conceded at the summary judgment hearing that no facts were in dispute. Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the [circuit court] to be preserved for appellate review."); TNS Mills, Inc. v. S.C. Dep't of Revenue, 331 S.C. 611, 617, 503 S.E.2d 471, 474 (1998) ("An issue conceded in a lower court may not be argued on appeal."); State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 694 (2003) ("A party may not argue one ground at trial and an alternate ground on appeal.").
We decide this case without oral argument pursuant to Rule 215, SCACR.
KONDUROS, HILL, and HEWITT, JJ., concur.