Bank of North Carolina v. Whitfield

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

Bank of North Carolina, Respondent,

v.

Anthony Whitfield and Cindy Whitfield, Defendants,

Of whom Anthony Whitfield is the Appellant and Cindy
Whitfield is a Respondent.

Anthony Whitfield, Appellant,

v.

David Swanson, Respondent.

Appellate Case No. 2016-002193

Appeal From Dorchester County
Diane Schafer Goodstein, Circuit Court Judge

Unpublished Opinion No. 2019-UP-242
Submitted May 1, 2019 – Filed July 3, 2019

AFFIRMED

Daniel Scott Slotchiver and Andrew Joseph McCumber,
both of Slotchiver & Slotchiver, LLP, and Brent Souther
Halversen, of Halversen & Associates, LLC, all of Mount
Pleasant; for Appellant.

Brian C. Duffy and Blake Abernethy McKie, both of
Duffy & Young, LLC, of Charleston, for Respondent
Bank of North Carolina; Paul B. Ferrara, III, of Ferrara
Law Firm, PLLC, of North Charleston, for Respondent
Cindy Whitfield; Steven Raymond Kropski, Michael B.
McCall, and David W. Overstreet, all of Earhart
Overstreet, LLC, of Mount Pleasant, for Respondent
David Swanson.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Atl. Coast Builders & Contractors, LLC v. Lewis, 398 S.C. 323, 328,
730 S.E.2d 282, 284 (2012) ("Under the two issue rule, where a decision is based
on more than one ground, the appellate court will affirm unless the appellant
appeals all grounds because the unappealed ground will become law of the case."
(quoting Jones v. Lott, 387 S.C. 339, 346, 692 S.E.2d 900, 903 (2010))); Mibbs,
Inc. v. S.C. Dep't of Revenue, 337 S.C. 601, 605, 524 S.E.2d 626, 628 (1999)
("Failure to appeal an alternative ground of the judgment will result in
affirmance."); Folkens v. Hunt, 290 S.C. 194, 205, 348 S.E.2d 839, 846 (Ct. App.
1986) ("An alternative ruling of a lower court that is not excepted to constitutes a
basis for affirming the lower court and is not reviewable on appeal.").

AFFIRMED.1

HUFF, THOMAS, and KONDUROS, JJ., concur.

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