Classic Stair Works v. Ellison

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Classic Stair Works, LTD.,       
Respondent,

v.

Karen P. Ellison,       
Appellant.

Appeal From Anderson County

J. C. Nicholson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2003-UP-292

Submitted April 7, 2003 – Filed April
29, 2003

AFFIRMED

W. Grady Jordan, of Easley, for Respondent.

J. Calhoun Pruitt, Jr., of Anderson, for Appellant.

PER CURIAM:  Affirmed
pursuant to Rule 220(b)(2), SCACR, and the following authorities:  Noisette
v. Ismail, 304 S.C. 56, 58, 403 S.E.2d 122, 124 (1991) (holding issues not
raised to and ruled on by the trial judge are not preserved for review by an
appellate court); McKissick v. J.F. Cleckley & Co., 325 S.C. 327,
344, 479 S.E.2d 67, 75 (Ct. App. 1996) (holding a party cannot argue one theory
at trial and a different theory on appeal).

AFFIRMED. [1]

STILWELL, HOWARD, JJ., and STROM, Acting Judge,
concur.

[1] Because oral argument would not aid the Court
in resolving any issue on appeal, we decide this case without oral argument
pursuant to Rule 215, SCACR.