Simmons v. Charleston County

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

Harold Simmons, Jr., Appellant,

v.

Charleston County Family Court, Paul W. Garfinkel and
South Carolina Department of Social Services, Pamela
Brown, Respondents.

Appellate Case No. 2011-186587

Appeal From Charleston County
Roger M. Young, Circuit Court Judge

Unpublished Opinion No. 2013-UP-406
Submitted October 1, 2013 – Filed November 6, 2013

AFFIRMED

Harold Simmons, Jr., of Charleston, pro se.

James A. Stuckey, Jr., and Alissa R. Collins, both of
Stuckey Law Offices, LLC, of Charleston, for
Respondents.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: B & A Dev., Inc. v. Georgetown Cnty., 372 S.C. 261, 271, 641 S.E.2d
888, 894 (2007) ("It is well settled that an issue cannot be raised for the first time
on appeal, but must have been raised to and ruled upon by the trial court to be
preserved for appellate review."); I'On, L.L.C. v. Town of Mt. Pleasant, 338 S.C.
406, 422, 526 S.E.2d 716, 724 (2000) (holding that, if the losing party has raised
an issue in the lower court, but the court fails to rule upon it, the party must file a
Rule 59(e) motion to alter or amend the judgment in order to preserve the issue for
appellate review).

AFFIRMED.1

HUFF, GEATHERS, and LOCKEMY, JJ., concur.

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