Opinion
2012-UP-022
01-25-2012
Ruth Jonell Dean, Appellant, v. Amanda Tompkins and Anita Robinson, Respondents.
Leon Edward Green, of Aiken, for Appellant. Amanda Tompkins and Anita Robinson, pro se, of McCormick.
UNPUBLISHED OPINION
Submitted January 3, 2012
Appeal From McCormick County William Jeffrey Young, Circuit Court Judge.
Leon Edward Green, of Aiken, for Appellant.
Amanda Tompkins and Anita Robinson, pro se, of McCormick.
PER CURIAM
Ruth Jonell Dean appeals the circuit court's affirmance of the probate court's order finding she was not common-law married to Sherman Blair. Dean argues the circuit court erred in (1) affirming the probate court because the probate court applied the wrong standard of proof and (2) not granting her request for a new trial because there was not a sufficient record to review the probate court. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:
We decide this case without oral argument pursuant to Rule 215, SCACR.
1. As to whether the circuit court erred in affirming the probate court because the probate court applied the wrong standard of proof: 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."); Neely v. Thomasson, 365 S.C. 345, 349-50, 618 S.E.2d 884, 886 (2005) (holding the circuit court and the appellate court may not disturb the probate court's findings of fact unless a review of the record discloses there is no evidence to support them).
2. As to whether the circuit court erred in not granting her request for a new trial because there was not a sufficient record to review the probate court: West v. Newberry Elec. Coop., 357 S.C. 537, 543, 593 S.E.2d 500, 503 (Ct. App. 2004) (holding an issue that is neither addressed by the circuit court in its final order nor raised by way of Rule 59(e), SCRCP, motion is not preserved for review).
AFFIRMED.
SHORT, WILLIAMS, and GEATHERS, JJ., concur.