Payne v. Patterson

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

Martha Sue
Payne, Respondent,

v.

Mary Patterson, Appellant.

Appeal From Greenville County

 Wayne M. Creech, Family Court Judge

Unpublished Opinion No. 2010-UP-257

Submitted April 1, 2010 – Filed April 26,
2010   

AFFIRMED

Kimaka  Nichols-Graham, of Greenville, for Appellant.

James  O'Connell, of Easley, for Respondent.

PER CURIAM:  Mary
Patterson appeals a family court order finding her in criminal contempt for
violating a visitation order.  Patterson argues the family court abused its
discretion when it sentenced Patterson to twenty-four hours' imprisonment for
willfully interfering with Martha Sue Payne's visitation.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:    

1. As
to whether the family court abused its discretion because the language of the
order was vague and contradictory:  Charleston County Dep't
of Soc. Servs. v. Jackson, 368
S.C. 87, 105, 627 S.E.2d 765, 775 (Ct. App. 2006) (noting to preserve an
issue for appellate review, the issue cannot be raised for the first time on
appeal, but must have been raised to and ruled upon by the family court).

2.  As to whether the family court abused its discretion because
the violation was not willful:  King
v. King, 384 S.C. 134, 140, 681
S.E.2d 609, 612 (Ct. App. 2009) ("Because the family court is in a superior position to judge the witnesses' demeanor and veracity, its findings should
be given broad discretion.");  Miller
v. Miller, 375 S.C. 443, 457, 652 S.E.2d 754, 761 (Ct. App. 2007) ("Intent
for purposes of criminal contempt is subjective, not objective, and must
necessarily be ascertained from all the acts, words, and circumstances
surrounding the occurrence."). 

AFFIRMED.

PIEPER, J., GEATHERS, J., and CURETON, A.J., concur.

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