Branch Banking v. Graphic Express

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

Branch Banking and Trust Company, Respondent,

v.

Graphic Express, LLC, Lanny R. Gunter, II, and Harry B.
Benenhaley, Appellants.

Appellate Case No. 2012-213203

Appeal From Richland County
L. Casey Manning, Circuit Court Judge

Unpublished Opinion No. 2014-UP-278
Submitted April 1, 2014 – Filed June 30, 2014

AFFIRMED

S. Jahue Moore and John Calvin Bradley, Jr., both of
Moore, Taylor & Thomas, P.A., of West Columbia, for
Appellants.

Laura Simons Greaver and Jesse Ronald Jones, Jr., both
of Clawson & Staubes, LLC, of Charleston, for
Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: S.C. Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295,
301, 641 S.E.2d 903, 907 (2007) (stating issues not raised to and ruled upon by the
trial court will not be considered on appeal); Price v. Pickens Cnty., 308 S.C. 64,
68, 416 S.E.2d 666, 668 (Ct. App. 1992) ("A trial [court] will not be reversed for
failing to act on a matter that was not submitted to him."); Elam v. S.C. Dep't of
Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) ("A party must file [a Rule
59(e), SCRCP,] motion when an issue or argument has been raised, but not ruled
on, in order to preserve it for appellate review."); Gilmore v. Ivey, 290 S.C. 53, 58,
348 S.E.2d 180, 183 (Ct. App. 1986) ("While statements of fact can . . . be entitled
to consideration by the court in determining whether a genuine issue of material
fact exists, factual statements of counsel . . . made during oral argument . . .
ordinarily may not be so considered." (citation omitted)); Rule 210(h), SCACR
("[T]he appellate court will not consider any fact which does not appear in the
Record on Appeal.").

AFFIRMED.1

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

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