Sloan v. Sload

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

Creighton W.
Sloan, Respondent,

   v.

Samuel H. Sloan, Appellant.

Appeal From Aiken County

Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2011-UP-283

Submitted June 1, 2011 – Filed June 10,
2011

AFFIRMED

Samuel H. Sloan, pro se, of Bronx, New
York, for Appellant.

Catherine H. Kennedy, of Columbia, for
Respondent.

PER CURIAM:  Samuel
H. Sloan (Appellant) appeals the circuit court's order denying his motion to
reconsider the June 25, 2007 order dismissing his appeal.  Appellant argues the
circuit court erred in dismissing his appeal of the 2006 probate court order
closing the estate because (1) his appeal was timely and (2) Creighton W. Sloan
(Respondent) should have been barred from contesting the original probate case
and appearing as the personal representative of their mother, Helen Sloan
(Mother).  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1. As to
whether the circuit court erred in
dismissing Appellant's appeal because it was untimely:  See S.C. Code
Ann. § 62-1-308(a) (2009) (emphasis added) ("[A]ppeals from the probate
court must be to the circuit court and are governed by the following rules: (a)
A person interested in a final order, sentence, or decree of a probate court
and considering himself injured by it may appeal to the circuit court in the
same county. The notice of intention to appeal to the circuit court must be
filed in the office of the circuit court and in the office of the probate
court and a copy served on all parties within ten days after receipt of
written notice of the appealed from order, sentence, or decree of the probate
court."); In re Estate of Cretzmeyer, 365 S.C. 12, 13-14, 615
S.E.2d 116, 116-17 (2005) (holding an appellant failed to timely file a notice
of appeal under section 62-1-308(a) because the statute "was clear that
the notice of appeal 'must be filed' in the circuit court within the ten-day
period") (quoting S.C. Code Ann. § 62-1-308(a) (2009)); Id. at 14,
615 S.E.2d at 116 ("We decline Appellant's invitation to construe the
statute in a manner inconsistent with its unambiguous terms."). 

2. As to whether the
circuit court erred in dismissing Appellant's appeal because Respondent should
have been barred from contesting the original probate case and appearing as the
personal representative of Mother's estate:  Whiteside v. Cherokee Cnty.
Sch. Dist. No. One, 311 S.C. 335, 340, 428 S.E.2d 886, 889 (1993) (finding
the appellate court need not address a remaining issue when the resolution of a
prior issue is dispositive).

AFFIRMED.

FEW, C.J., PIEPER and
LOCKEMY, JJ., concur.

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