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HomEq Servicing Corp. v. Napier

Court of Appeals of South Carolina
Jul 11, 2012
2012-UP-405 (S.C. Ct. App. Jul. 11, 2012)

Opinion

2012-UP-405

07-11-2012

HomEq Servicing Corporation f/k/a TMS Mortgage, Inc. d/b/a The Money Store, Respondent, v. Jeanette B. Napier, Dale W. Phillips, NationsCredit Financial Services Corporation d/b/a EquiCredit, Chisolm Green Property Homeowners Association, Inc., of whom Jeanette B. Napier is the Defendants, Appellee.

Jeanette B. Napier, of Johns Island, pro se. Weston Adams, III and Helen Hiser, both of Columbia, for Respondent.


UNPUBLISHED OPINION

Submitted May 1, 2012

Appeal From Charleston County Mikell R. Scarborough, Master-In-Equity

Jeanette B. Napier, of Johns Island, pro se.

Weston Adams, III and Helen Hiser, both of Columbia, for Respondent.

PER CURIAM.

Jeanette Napier appeals the master-in-equity's order and judgment of foreclosure, arguing the master erred in (1) refusing to grant Napier's motion for a continuance, (2) calculating several fees and deficits in amending an earlier judgment against Napier, and (3) failing to reconsider its order. We remand.

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

We remand to the master for consideration of Napier's post-trial motion. See Rule 59(e), SCRCP ("A motion to alter or amend the judgment shall be served not later than 10 days after receipt of written notice of the entry of the order."); Rule 5(e), SCRCP ("The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk."); Rule 59(g), SCRCP ("A party filing a written motion under this rule shall provide a copy of the motion to the judge within ten (10) days after the filing of the motion.").

In light of our disposition herein, we decline to address Napier's remaining arguments. See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (providing an appellate court need not address all issues on appeal when the disposition of one issue is dispositive).

REMANDED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.


Summaries of

HomEq Servicing Corp. v. Napier

Court of Appeals of South Carolina
Jul 11, 2012
2012-UP-405 (S.C. Ct. App. Jul. 11, 2012)
Case details for

HomEq Servicing Corp. v. Napier

Case Details

Full title:HomEq Servicing Corporation f/k/a TMS Mortgage, Inc. d/b/a The Money…

Court:Court of Appeals of South Carolina

Date published: Jul 11, 2012

Citations

2012-UP-405 (S.C. Ct. App. Jul. 11, 2012)