Colucci v. Wilcomp Software, LLC

CourtListener 10150712ScctappJul 5, 2018

Full text

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

Michael Colucci and Sara Lynn Colucci, by her Personal
Representative Michael F. A. Colucci, Respondents,

v.

Northwood Academy and Wilcomp Software, LLC d/b/a
RenWeb, Defendants,

Of whom Wilcomp Software, LLC d/b/a RenWeb is the
Appellant.

Appellate Case No. 2016-001868

Appeal From Charleston County
J. C. Nicholson, Jr., Circuit Court Judge

Unpublished Opinion No. 2018-UP-309
Submitted June 1, 2018 – Filed July 5, 2018

AFFIRMED

Brian Morris Knowles, of Knowles Law Firm, PC, of
Summerville; and Derek A. Aldridge, of Perry, Guthery,
Haase & Gessford, PC, of Lincoln, Nebraska, for
Appellant.

Barry Krell, Jerry Nicholas Theos, and Jeffrey Wayne
Buncher, Jr., all of Uricchio, Howe, Krell, Jacobson,
Toporek, Theos & Keith, PA, of Charleston, for
Respondents.

PER CURIAM: Wilcomp Software, LLC d/b/a RenWeb appeals the circuit
court's order denying its motion to vacate a settlement agreement and granting
Michael Colucci's motion to enforce a settlement agreement. We affirm pursuant
to Rule 220(b), SCACR, and the following authorities: Pye v. Estate of Fox, 369
S.C. 555, 565, 633 S.E.2d 505, 510 (2006) ("Generally, an issue must be raised to
and ruled upon by the circuit court to be preserved."); Elam v. S.C. Dep't of
Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) (noting a party must file a
Rule 59(e), SCRCP, motion "when an issue or argument has been raised, but not
ruled on, in order to preserve it for appellate review").

AFFIRMED.1

LOCKEMY, C.J., and WILLIAMS and KONDUROS, JJ., concur.

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

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