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Cole v. Heyward

Court of Appeals of South Carolina
Feb 24, 2021
2021-UP-055 (S.C. Ct. App. Feb. 24, 2021)

Opinion

2021-UP-055

02-24-2021

Yvette Cole, Appellant, v. Shirley Heyward, Respondent. Appellate Case No. 2018-001554

Yvette Cole, of New York, New York, pro se. Shirley Heyward, of Estill, pro se.


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 February 1, 2021

Appeal From Hampton County Walter H. Sanders, Jr., Special Referee

Yvette Cole, of New York, New York, pro se.

Shirley Heyward, of Estill, pro se.

PER CURIAM

Yvette Cole appeals the special referee's order dismissing her action to quiet title against Shirley Heyward, arguing the special referee erred in (1) rendering a decision on the wrong property, and (2) refusing to recuse himself. Cole further argues a title search of the correct property determined she was the sole owner. We affirm pursuant to Rule 220(b), SCACR.

We find Cole has failed to provide a sufficient record upon which this court can make a decision. See Rule 210(h), SCACR ("[T]he appellate court will not consider any fact which does not appear in the Record on Appeal."); Medlock v. One 1985 Jeep Cherokee VIN 1JCWB7828FT129001, 322 S.C. 127, 132, 470 S.E.2d 373, 376 (1996) ("The appellant has the burden of providing this court with a sufficient record upon which to make a decision."); Germain v. Nichol, 278 S.C. 508, 509, 299 S.E.2d 335, 335 (1983) (affirming the trial court's judgment when the appellant failed to provide "any of the trial testimony" in the record on appeal to support his argument on appeal).

We further find Cole's issues have been abandoned on appeal. See S.C. Dep't of Transp. v. M & T Enters. of Mt. Pleasant, LLC, 379 S.C. 645, 659, 667 S.E.2d 7, 15 (Ct. App. 2008) ("[E]ven if an issue is preserved at the trial court level, it must still be properly raised and argued to the appellate court."); Glasscock, Inc. v. U.S. Fid. & Guar. Co., 348 S.C. 76, 81, 557 S.E.2d 689, 691 (Ct. App. 2001) ("South Carolina law clearly states that short, conclusory statements made without supporting authority are deemed abandoned on appeal and therefore not presented for review.").

AFFIRMED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

WILLIAMS, THOMAS, and HILL, JJ., concur.


Summaries of

Cole v. Heyward

Court of Appeals of South Carolina
Feb 24, 2021
2021-UP-055 (S.C. Ct. App. Feb. 24, 2021)
Case details for

Cole v. Heyward

Case Details

Full title:Yvette Cole, Appellant, v. Shirley Heyward, Respondent. Appellate Case No…

Court:Court of Appeals of South Carolina

Date published: Feb 24, 2021

Citations

2021-UP-055 (S.C. Ct. App. Feb. 24, 2021)