Koosa v. Koosa

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

Mitchell Kenneth Koosa, Respondent,

v.
Jean Marie Garrido Koosa, Appellant.

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Appeal From Lexington County
Deborah Neese, Family Court Judge

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Unpublished Opinion No. 2012-UP-366
Submitted June 1, 2012 – Filed June 20, 2012
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AFFIRMED
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Jean P. Derrick, of Lexington, for Appellant.

David E. Belding, of Columbia, for Respondent.

PER CURIAM: Jean Marie Garrido Koosa (Wife) appeals the family
court's final order approving her settlement agreement with Mitchell Kenneth
Koosa and the family court's order denying her motion to alter or amend and
vacate the final order. On appeal, Wife argues the family court erred in (1)
failing to vacate the final order because the Guardian ad Litem (GAL) was
never activated and (2) failing to vacate the order pursuant to Rule 60,
SCRCP. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following
authorities:

1. As to whether the family court erred in failing to vacate the final
order because the GAL was never activated: Shirley v. Shirley, 342 S.C. 324,
340, 536 S.E.2d 427, 435 (Ct. App. 2000) (holding the extent to which a
GAL is permitted to testify and give an opinion or recommendation in a child
custody case is left to the sound discretion of the family court).

2. As to whether the family court erred in failing to vacate the order
pursuant to Rule 60, SCRCP: Gainey v. Gainey, 382 S.C. 414, 423, 675
S.E.2d 792, 796-97 (Ct. App. 2009) ("The decision to grant or deny a motion
under Rule 60(b) is within the sound discretion of the [family] court.
Therefore, the decision can be reversed only if the family court abused its
discretion." (citation and quotation marks omitted)); Rouvet v. Rouvet, 388
S.C. 301, 309-10, 696 S.E.2d 204, 208 (Ct. App. 2010) ("Generally, the
neglect of the attorney is the neglect of the client, and . . . no mistake,
inadvertence, or neglect attributable to the attorney can be successfully used
as a ground for relief, unless it would have been excusable if attributable to
the client." (quotation marks omitted)).

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

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