McDaniels v. Wilson

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

Dontell Daniel
McDaniels, Appellant,

v.

Alan Wilson,
Attorney General, James Bogle, Jr., Assistant Attorney General for South
Carolina, Respondents.

Appeal From Darlington County

Paul M. Burch, Circuit Court Judge

Unpublished Opinion No. 2012-UP-074

Submitted January 3, 2012 – Filed February
8, 2012   

AFFIRMED

Thomas D. Broadwater, of Newberry, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, and Assistant Attorney General J.C.
Nicholson, III, all of Columbia, for Respondents.

PER CURIAM:  Dontell Daniel McDaniels appeals the
circuit court's order granting Alan Wilson and James Bogle, Jr.'s motion to
dismiss, arguing his suit was not barred by the statute of limitations,
sovereign immunity, or the law of the case.  We affirm[1] pursuant to Rule 220(b)(1), SCACR,
and the following authorities:  Dixon v. Dixon, 362 S.C. 388, 399, 608
S.E.2d 849, 854 (2005) (holding that an issue raised for the first time in a
Rule 59, SCRCP, motion is not preserved for appellate review); Poch v. Bayshore Concrete Prods./S.C., Inc., 386 S.C. 13, 31, 686 S.E.2d 689, 699 (Ct. App. 2009)
("A party cannot use a motion to reconsider, alter or amend a judgment to
present an issue that could have been raised prior to the judgment but was
not.").

AFFIRMED.

WILLIAMS, KONDUROS, and
GEATHERS, JJ., concur.

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