CourtListener 10137300•Burnside v. Mathis
Gesamter Gesetzestext
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Anthony Burnside,
Appellant,
v.
J. Davida Mathis,
Respondent.
Appeal From Greenville County
Larry R. Patterson, Circuit Court Judge
Unpublished Opinion No. 2003-UP-727
Submitted October 15, 2003 Filed December
16, 2003
AFFIRMED
Anthony Burnside of Columbia, for Appellant.
Davida Mathis of Greenville, for Respondent.
PER CURIAM: Appellant, Anthony Burnside,
brought a complaint against attorney J. Davida Mathis asserting a violation
of the Unfair Trade Practices Act. Burnsides action stems from his payment
of monies to Mathis for her representation of him in a criminal matter which
resulted in Burnsides conviction. The trial judge granted Mathis motion for
summary judgment. Mathis appeals. We affirm pursuant to Rule 220(b)(2), SCACR
and the following authorities: ISSUE I: Gaskins v. S. Farm Bureau Cas.
Ins. Co., 343 S.C. 666, 673-74, 541 S.E.2d 269, 273 (Ct. App. 2000), affd
as modified, 354 S.C. 416, 581 S.E.2d 169 (2003) (a party who fails to move
for recusal has not preserved the issue for appellate review); Sabb v. S.C.
State Univ., 350 S.C. 416, 422, 567 S.E.2d 231, 234 (2002); Brown v.
Evatt, 322 S.C. 189, 193, 470 S.E.2d 848, 850 (1996); Dove v. Gold Kist,
Inc., 314 S.C. 235, 237-38, 442 S.E.2d 598, 600 (1994) (subject matter jurisdiction
is the power to hear and determine cases of the general class to which the proceedings
in question belong); ISSUE II: In re McCracken, 346 S.C. 87, 92, 551
S.E.2d 235, 238 (2001) (a constitutional claim must be raised and ruled upon
to be preserved for appellate review); Great Games, Inc., v. South Carolina
Dept of Revenue, 339 S.C. 79, 85, 529 S.E.2d 6, 9 (2000) (where appellants
raised constitutional issues before the circuit court, but that court failed
to rule upon them, and appellants did not raise the omission by way of a Rule
59 motion, constitutional claims were not preserved for appellate review); Quillian
v. Evatt, 315 S.C. 489, 491, 445 S.E.2d 639, 640 (Ct. App. 1994) (where
appellant did not raise and trial judge did not rule on constitutional issues,
nor did appellant seek rulings by post-trial motions, appellate court could
not consider issues on appeal).
AFFIRMED
HUFF, STILWELL, and BEATTY, JJ., concur.
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