Windswept Villas v. Peery

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

Windswept Villas III Horizontal Property Regime,
Respondent,

v.

Elaine Devlin Peery a/k/a Elaine D. Peery, Appellant.

Appellate Case No. 2014-002242

Appeal From Charleston County
Mikell R. Scarborough, Master-in-Equity

Unpublished Opinion No. 2017-UP-323
Heard March 7, 2017 – Filed August 2, 2017

AFFIRMED

Vernee Chnita Hancock, of Hancock Law Firm, of
Summerville, for Appellant.

George Trenholm Walker, of Walker Gressette Freeman
& Linton, LLC, of Charleston, for Respondent.

PER CURIAM: Elaine Devlin Peery appeals the master-in-equity's orders finding
her in contempt, sanctioning her to fines, disbursing funds held in trust to
Windswept Villas III Horizontal Property Regime (Windswept), and denying her
Rule 60(b) of the South Carolina Rules of Civil Procedure (SCRCP) motion to
vacate a prior judgment. On appeal, Peery argues the master erred in (1) finding he
had personal jurisdiction when Windswept never established proper service, (2)
denying her procedural due process by granting Windswept relief without
requiring it to prove proper service, and (3) awarding Windswept attorney's fees.
We affirm.

1. We find the master did not err in denying Peery's motion to vacate the prior
judgment pursuant to Rule 60(b), SCRCP: See Rule 5(b)(1), SCRCP ("Whenever
under these rules service is required or permitted to be made upon a party
represented by an attorney the service shall be made upon the attorney unless
service upon the party himself is ordered by the court. Service upon the attorney
or upon a party shall be made by delivering a copy to him or by mailing it to him at
his last known address or, if no address is known, by leaving it with the clerk of
court. Delivery of a copy within this rule means: handing it to the attorney or to
the party; or leaving it at his office with his clerk or other person in charge thereof;
or, if there be no one in charge, leaving it in a conspicuous place therein; or, if the
office is closed or the person to be served has no office, leaving a copy at his
dwelling place or usual place of abode with some person of suitable age and
discretion then residing therein. Service by mail is complete upon mailing of all
pleadings and papers subsequent to service of the original summons and
complaint."). Windswept served Peery by serving the crossclaim on Peery's
counsel, W. Barnwell Vaughan, on December 3, 2009. Thus, the master had
personal jurisdiction over Windswept's crossclaim.

2. We find the attorney's fees issue is moot as Peery admitted she had paid the fees,
which the master had imposed on her as a contempt sanction. See Chappell v.
Chappell, 282 S.C. 376, 377, 318 S.E.2d 590, 591 (Ct. App. 1984) (stating the
payment of a fine imposed in a contempt proceeding waives the right of review).

AFFIRMED.

LOCKEMY, C.J., and HUFF and THOMAS, JJ., concur.