McMasters v. Charpia

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

Rene McMasters
now known as Rene McMasters Ronaghan, Respondent,

v.

H. Wayne
Charpia a/k/a Howard W. Charpia and Jody E. Charpia, Defendants,

Of whom H.
Wayne Charpia, a/k/a Howard W. Charpia, is the, Appellant.

Appeal From Dorchester County

 Edgar W. Dickson, Circuit Court Judge

Unpublished Opinion No.  2011-UP-445

Submitted October 1, 2011 – Filed October
11, 2011

AFFIRMED

Howard W. Charpia, pro se, of Summerville.

Frank M. Cisa, of Mt. Pleasant, for
Respondent.

PER CURIAM: H.
Wayne Charpia appeals the circuit court's grant of Rene McMasters Ronaghan's
motion for a compulsory order of reference, arguing the circuit court erred in:
(1) not enforcing Rule 53, SCRCP; (2) not enforcing Rule 38, SCRCP; and (3) not
accepting a "judicial/execution sale" or "upset bid sale"
of the subject property.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1. As to whether the circuit court erred in not
enforcing Rule 53, SCRCP: Rule 71, SCRCP ("Actions to foreclose liens . .
. shall ordinarily be referred to a master pursuant to Rule 53."); Rule
53(b), SCRCP (stating an action for foreclosure "may be referred to the
master . . . by order of a circuit judge or the clerk of court").

2. As to whether the circuit court erred in not
enforcing Rule 38, SCRCP: Lester v. Dawson, 327 S.C. 263, 267, 491
S.E.2d 240, 242 (1997) ("Generally, the relevant question in determining
the right to trial by jury is whether an action is legal or equitable; there is
no right to trial by jury for equitable actions.");  Wilder Corp. v.
Wilke, 324 S.C. 570, 576, 479 S.E.2d 510, 513 (Ct. App. 1996) (stating
actions for foreclosure are in equity).

3. As to whether the circuit court erred in not
accepting a "judicial/execution sale" or the "upset bid
sale" of the subject property: S.C. Dep't of Transp. v. First Carolina
Corp. of S.C., 372 S.C. 295, 301-02, 641 S.E.2d 903, 907 (2007) (holding an
issue must be raised to and ruled upon by the circuit court to preserve the
issue for appellate review).

AFFIRMED.

HUFF,
PIEPER, and LOCKEMY, JJ., concur.

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