Koon v. Morgan

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

Larry Koon, Appellant,

v.

Gary Morgan, Respondent.

Appellate Case No. 2011-187786

Appeal From Newberry County
Eugene C. Griffith, Jr., Circuit Court Judge

Unpublished Opinion No. 2012-UP-568
Submitted October 1, 2012 – Filed October 24, 2012

AFFIRMED

Larry Koon, of Little Mountain, pro se.

Jeffrey M. Anderson, of Davis, Frawley, Anderson
McCauley, Ayer, Fisher, & Smith, LLC, of Lexington,
for Respondent.

PER CURIAM: Larry Koon appeals the trial court's grant of summary judgment
in his favor, arguing the trial court erred in (1) refusing to award him monetary
damages on his claim and delivery action and (2) denying his motion to alter or
amend without conducting a hearing. We affirm1 pursuant to Rule 220(b),
SCACR, and the following authorities:

1. As to whether the trial court erred in refusing to award Koon damages: Plyler
v. Burns, 373 S.C. 637, 645, 647 S.E.2d 188, 192-93 (2007) ("Judicial immunity
serves as a bar to litigation against a judicial officer.").

2. As to whether the trial court erred in denying Koon's motion to alter or amend
without conducting a hearing: Herron v. Century BMW, 395 S.C. 461, 465, 719
S.E.2d 640, 642 (2011) ("At a minimum, issue preservation requires that an
issue be raised to and ruled upon by the trial [court.]"); id. ("Constitutional
arguments are no exception to the preservation rules, and if not raised to the
trial court, the issues are deemed waived on appeal.").

AFFIRMED.

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

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