Miller v. Point Arcadia Horizontal Property Regime

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

W. Thomas
Miller, Appellant,

v.

Point Arcadia
Horizontal Property Regime, Inc., Mr. Bill Lucas, President of Board of
Directors, Sandra Levy, Vice President, Respondents.

Appeal From Richland County

Alison Renee Lee, Circuit Court Judge

Unpublished Opinion No.  2009-UP-344

Submitted June 1, 2009 – Filed June 22,
2009 

Affirmed

W. Thomas Miller, of Columbia, pro se, for Appellant.

Evans T. Barnette, of Columbia, for Respondents.

PER CURIAM: W. Thomas
Miller appeals the trial court's award of reasonable costs incurred by Point
Arcadia Horizontal Property Regime, Inc., and Dianne Fleming[1] in obtaining an order compelling discovery due to Miller's refusal to answer
any questions posed by Point Arcadia's attorney during his deposition.  Miller
argues no evidence supports the imposition of such sanctions.  We
affirm[2] pursuant to Rule 220(b), SCACR, and the following authorities:  Barnette v. Adams Bros. Logging, Inc., 355 S.C. 588, 593, 586 S.E.2d 572, 575 (2003)
(finding an appellate court will not disturb the trial court's imposition of
sanctions "absent a clear abuse of discretion"); Id. (finding
the party seeking to overturn the sanction bears the burden of demonstrating
the trial court abused its discretion).  

AFFIRMED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.

[1] We note Miller initiated similar actions against both
Point Arcadia and Fleming individually.  The trial court consolidated the cases
for discovery and trial, but issued two orders awarding costs.  Miller filed
this appeal and also appealed the order awarding costs to Fleming (W. Thomas
Miller. v. Dianne Fleming, Op. No. 2009-UP-343 (S.C. Ct. App. Filed June
22, 2009)).  However, Point Arcadia and Fleming concede they are entitled
to one award of costs.

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