Kemp v. Kemp

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

Bonnie Teresa
Thomas Kemp, Appellant,

v.

Bradford Kemp, Respondent.

Appeal from Greenville County

Billy A. Tunstall, Jr., Family Court
Judge

Unpublished Opinion No. 2012-UP-200  

Submitted March 1, 2012 – Filed March 21,
2012

APPEAL DISMISSED

H. Michael Spivey and Melissa D. Spivey,
of Mauldin, for Appellant.

Donna June Jackson, of Clinton, and Rodney
M. Brown, of Fountain Inn, for Respondent.

Bobby H. Mann, Jr., of Greenville, for
Guardian ad Litem.

PER CURIAM: Bonnie
Teresa Thomas Kemp (Wife) appeals the family court's approval of her agreement
entered into pursuant to her decree of divorce from Bradford Kemp.  Wife argues
the family court erred in (1) failing to ensure the agreement was freely and
voluntarily entered; (2) failing to ensure the agreement was fair and equitable
to Wife; (3) refusing to allow the case to go to trial and forcing the parties
to continue to negotiate; and (4) refusing to entertain the recommendation of
the guardian ad litem as to custody.  We dismiss.[1]

A party wishing
to appeal an order of the family court must serve a notice of appeal on all
respondents "within thirty (30) days after receipt of written notice of
entry of the order or judgment."  Rule 203(b)(1), (3), SCACR.  A timely Rule 59(e) motion to alter or amend
judgment stays the time for appeal until the appellant receives "written
notice of entry of the order granting or denying such motion."  Rule
203(b)(1), SCACR; Rule 59(f), SCRCP.  A motion to alter or amend the judgment
must be served not later than ten days after receipt of written notice of the
entry of the order.  Rule 59(e), SCRCP.  Timeliness of an appeal is a jurisdictional matter.  Elam v. S.C. Dep't of Transp.,
361 S.C. 9, 17, 602 S.E.2d 772, 776 (2004).  An untimely notice of appeal shall
be dismissed.  Rule 203(d)(3), SCACR. 

Here, Wife
received written notice of entry of the family court's order on November 23,
2010.  Wife filed and served her Rule 59(e) motion on December 9, 2010, the sixteenth
day following the receipt of the family court's written order.  Because her
Rule 59(e) motion was untimely, Wife was required to file any notice of appeal
within thirty days from November 23, 2010, the date she received written notice
of the final order.  Wife served her notice of appeal on February 28, 2011,
which was more than thirty days after her receipt of written notice of the family
court's order.  Accordingly, this appeal is untimely and must be dismissed. 

APPEAL
DISMISSED.

WILLIAMS,
THOMAS, and LOCKEMY, JJ., concur.

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