Green v. Ford

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Adriane Green, individually and as personal
representative of the estate of Adonous Green, Deceased,
Respondent,

v.

John Doe, James Cleveland, and James I. Ford, III, aka
"Big Ford," Defendants,

Of whom James I. Ford, III, aka "Big Ford" is the
Appellant.

Appellate Case No. 2014-002730

Appeal From Berkeley County
Kristi Lea Harrington, Circuit Court Judge

Unpublished Opinion No. 2016-UP-279
Submitted March 1, 2016 – Filed June 8, 2016

AFFIRMED

W. Dean Murphy, III, of Charleston, for Appellant.

Samuel K. Allen, of Clore Law Group, LLC, of
Charleston, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998)
("It is axiomatic that an issue cannot be raised for the first time on appeal, but must
have been raised to and ruled upon by the trial [court] to be preserved for appellate
review."); Herron v. Century BMW, 395 S.C. 461, 465, 719 S.E.2d 640, 642
(2011) ("Issue preservation rules are designed to give the trial court a fair
opportunity to rule on the issues, and thus provide [appellate courts] with a
platform for meaningful appellate review." (quoting Queen's Grant II Horizontal
Prop. Regime v. Greenwood Dev. Corp., 368 S.C. 342, 373, 628 S.E.2d 902, 919
(Ct. App. 2006))); Scott v. Porter, 340 S.C. 158, 169, 530 S.E.2d 389, 394 (Ct.
App. 2000) (questioning whether a party's argument that the evidence presented
was insufficient to support the damages awarded is preserved where the record on
appeal does not include a directed verdict motion); Chapman v. Upstate RV &
Marine, 364 S.C. 82, 88, 610 S.E.2d 852, 856 (Ct. App. 2005) (finding a party's
argument that there was insufficient evidence to support the damages awarded was
not preserved where the party filed a directed verdict motion only challenging
causation); Herron, 395 S.C. at 465, 719 S.E.2d at 642 ("Constitutional arguments
are no exception to the preservation rules, and if not raised to the trial court, the
issues are deemed waived on appeal.").

AFFIRMED.1

HUFF, A.C.J., and SHORT and THOMAS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.