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Rainwater v. Rainwater

THE STATE OF SOUTH CAROLINA In The Court of Appeals
May 9, 2012
Unpublished Opinion No. 2012-UP-286 (S.C. Ct. App. May. 9, 2012)

Opinion

2012-UP-286

05-09-2012

Diane K. Rainwater, Respondent, v. Fred A. Rainwater, Appellant.

Stevens B. Elliott, of Columbia, for Appellant. David M. Collins, Jr., of Spartanburg, for Respondent.


UNPUBLISHED OPINION

Submitted April 2, 2012.

Appeal From Union County Robert E. Guess, Family Court Judge.

Stevens B. Elliott, of Columbia, for Appellant.

David M. Collins, Jr., of Spartanburg, for Respondent.

PER CURIAM

Fred A. Rainwater (Husband) appeals the family court's denial of his Rule 60(b), SCRCP, motion to vacate its order approving the property division agreed upon by the parties and granting the parties a divorce, arguing the family court erred in finding his motion was untimely and in denying it on the merits. 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 family court erred in denying Husband's Rule 60(b) motion as untimely: Lanier v. Lanier, 364 S.C. 211, 215-16, 612 S.E.2d 456, 458 (Ct. App. 2005) ("The decision to grant or deny a motion under Rule 60(b) is within the sound discretion of the [family] court[, and r]eview is thus limited to determining whether the family court abused its discretion in granting or denying the motion." (internal citations and quotation marks omitted)).
2. As to Husband's remaining issues: Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (holding an appellate court need not address additional issues when one issue is dispositive).

AFFIRMED.

FEW, C.J., and HUFF and SHORT, JJ., concur.


Summaries of

Rainwater v. Rainwater

THE STATE OF SOUTH CAROLINA In The Court of Appeals
May 9, 2012
Unpublished Opinion No. 2012-UP-286 (S.C. Ct. App. May. 9, 2012)
Case details for

Rainwater v. Rainwater

Case Details

Full title:Diane K. Rainwater, Respondent, v. Fred A. Rainwater, Appellant.

Court:THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: May 9, 2012

Citations

Unpublished Opinion No. 2012-UP-286 (S.C. Ct. App. May. 9, 2012)