Richard v. Facebook, Inc.

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

Kevin Ralph Richard, Appellant,

v.

Facebook, Inc., a Delaware Corporation and Maleko Kirk
Malepeai, individually, Defendants,

Of which Facebook, Inc., a Delaware Corporation is the
Respondent.

Appellate Case No. 2019-001054

Appeal From Horry County
Benjamin H. Culbertson, Circuit Court Judge

Unpublished Opinion No. 2021-UP-434
Submitted November 1, 2021 – Filed December 8, 2021

AFFIRMED

Mary Madison Brittain Langway and Thomas C. Brittain,
both of The Brittain Law Firm, P.A., of Myrtle Beach,
for Appellant.

Wallace K. Lightsey and Meliah Bowers Jefferson, both
of Wyche P.A., and John R. Perkins, Jr., of Perkins Law
Firm, all of Greenville; and William Hicks, of San
Francisco, California, all for Respondent.
PER CURIAM: Kevin Ralph Richard appeals the circuit court's order dismissing
his complaint for lack of personal jurisdiction under Rule 12(b)(2), SCRCP,
dismissing his complaint for failure to state a claim under Rule 12(b)(6), SCRCP,
and finding Facebook, Inc. (Facebook) immune from liability under 47 U.S.C.
§ 230. On appeal, Richard only argues the circuit court erred in finding it lacked
personal jurisdiction and in finding Facebook immune from liability. Richard did
not appeal the circuit court's dismissal of his complaint under Rule 12(b)(6),
SCRCP, for failure to state a claim. Accordingly, we affirm based on the two-issue
rule. See Jones v. Lott, 387 S.C. 339, 346, 692 S.E.2d 900, 903 (2010) ("Under the
two[-]issue rule, where a decision is based on more than one ground, the appellate
court will affirm unless the appellant appeals all grounds because the unappealed
ground will become law of the case."), abrogated on other grounds by Repko v.
County of Georgetown, 424 S.C. 494, 818 S.E.2d 743 (2018); Atl. Coast Builders
& Contractors, LLC v. Lewis, 398 S.C. 323, 329, 730 S.E.2d 282, 285 (2012)
("[A]n unappealed ruling, right or wrong, is the law of the case.").

AFFIRMED. 1

KONDUROS, HILL, and HEWITT, JJ., concur.

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