Minniti v. Steedley

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

Eugenia Minniti, f/k/a Eugenia Steedley, Appellant,

v.

M. Scott Steedley, Respondent.

Appellate Case No. 2011-189366

Appeal From Colleton County
Peter L. Fuge, Family Court Judge

Unpublished Opinion No. 2013-UP-049
Submitted December 1, 2012 – Filed January 30, 2013

AFFIRMED

Thomas Ryan Phillips, of Law Office of T. Ryan
Phillips, LLC, of Charleston, for Appellant.

M. Scott Steedley, of Walterboro, pro se.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authority: Gainey v. Gainey, 382 S.C. 414, 423, 675 S.E.2d 792, 796 (Ct. App.
2009) ("The decision to grant or deny a motion under Rule 60(b)[, SCRCP,] is
within the sound discretion of the [family] court." (citation omitted)); id. at 423,
675 S.E.2d at 797 ("An abuse of discretion occurs when the [court] issuing the
order was controlled by an error of law or the order is based on factual conclusions
that are without evidentiary support."); id. at 427, 675 S.E.2d at 799 ("When a
party asserts grounds for relief because of fraud, misrepresentation, or other
misconduct of an adverse party under Rule 60(b)(3), SCRCP, the movant must
prove her entitlement by clear and convincing evidence."); id. at 426, 675 S.E.2d at
798 ("A party may not prevail on a Rule 60(b)(3) motion on the basis of fraud
where he or she has access to disputed information or has knowledge of
inaccuracies in an opponent's representations at the time of the alleged
misconduct." (citation omitted)).

AFFIRMED.1

HUFF, THOMAS, and GEATHERS, JJ., concur.

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