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SCDSS v. Heyward

Court of Appeals of South Carolina
Nov 7, 2012
2012-UP-604 (S.C. Ct. App. Nov. 7, 2012)

Opinion

2012-UP-604

11-07-2012

SCDSS and Susan Wilkey, Respondents, v. Samuel Heyward, Jr., Appellant. Appellate Case No. 2011-204207

Merrill A. Cox, of Cox Law Firm, of Goose Creek, for Appellant. Paul F. LeBarron, of the South Carolina Department of Social Services, of Charleston, for Respondents.


UNPUBLISHED OPINION

Submitted October 26, 2012

Appeal From Berkeley County Jack A. Landis, Family Court Judge

Merrill A. Cox, of Cox Law Firm, of Goose Creek, for Appellant.

Paul F. LeBarron, of the South Carolina Department of Social Services, of Charleston, for Respondents.

PER CURIAM

Samuel Heyward, Jr., appeals the family court's denial of his motion in reference to bankruptcy. Heyward argues an automatic stay in a Chapter 13 bankruptcy bars the continuation of an order of incarceration for civil contempt for failure to pay child support. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: King v. King, 384 S.C. 134, 142, 681 S.E.2d 609, 614 (Ct. App. 2009) (holding issues must be raised to and ruled upon by the family court to be preserved for appellate review); Bodkin v. Bodkin, 388 S.C. 203, 219, 694 S.E.2d 230, 239 (Ct. App. 2010) (holding when the family court fails to rule on an issue presented, the issue must be raised in a Rule 59(e), SCRCP, motion to be preserved for review).

AFFIRMED.

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

SHORT, KONDUROS, and LOCKEMY, JJ., concur.


Summaries of

SCDSS v. Heyward

Court of Appeals of South Carolina
Nov 7, 2012
2012-UP-604 (S.C. Ct. App. Nov. 7, 2012)
Case details for

SCDSS v. Heyward

Case Details

Full title:SCDSS and Susan Wilkey, Respondents, v. Samuel Heyward, Jr., Appellant…

Court:Court of Appeals of South Carolina

Date published: Nov 7, 2012

Citations

2012-UP-604 (S.C. Ct. App. Nov. 7, 2012)