Opinion
Unpublished Opinion No. 2012-UP-162
03-07-2012
Jimmy L. Mullins, Sr., and Mullins Trucking Company, Inc., Plaintiffs, Of whom Jimmy L. Mullins, Sr., is the Respondent, v. Barbara Solley, Appellant.
Jared Sullivan Newman, of Port Royal, for Appellant. Darrell Thomas Johnson, Jr., and Mills L. Morrison, Jr., both of Hardeeville, 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.
Appeal From Jasper County
Thomas W. Cooper, Jr., Circuit Court Judge
AFFIRMED
Jared Sullivan Newman, of Port Royal, for Appellant.
Darrell Thomas Johnson, Jr., and Mills L. Morrison, Jr., both of Hardeeville, for Respondent.
PER CURIAM : Barbara Solley appeals the circuit court's order partitioning property she owns with Jimmy L. Mullins, Sr., arguing the circuit court erred in (1) finding her claim of a gift in equity in the property from her sister was barred by the statute of frauds, (2) failing to find the unclean hands doctrine barred Mullins's partition action, (3) failing to find Mullins breached the parties' pre-purchase contract by mortgaging the property, (4) failing to find Mullins materially frustrated the purpose of the pre-purchase contract by mortgaging the property, and (5) failing to find the parties should not be bound by the pre-purchase contract because the parties' conduct evinced a course of performance contrary to the terms of the contract. 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 finding Solley's claim that her sister gifted her equity in the property was barred by the statute of frauds: Rule 210(h), SCACR ("[T]he appellate court will not consider any fact which does not appear in the Record on Appeal."); Smith v. Smith, 386 S.C. 251, 266, 687 S.E.2d 720, 728 (Ct. App. 2009) (stating the appellant has the burden of presenting a sufficient record to allow review).
2. As to Solley's remaining issues: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) (stating an issue "must have been raised to and ruled upon by the [circuit court] to be preserved for appellate review"); Smith, 386 S.C. at 266, 687 S.E.2d at 728 (stating the appellant has the burden of presenting a sufficient record to allow review).
AFFIRMED.
WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.