Miller v. Fleming

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.

Diane Fleming, Respondent.

Appeal From Richland County

 Alison Renee Lee, Circuit Court Judge

Unpublished Opinion No.  2009-UP-343

Submitted June 1, 2009 – Filed June 22,
2009

Affirmed

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

Evans T. Barnette, of Columbia, for Respondent.

PER CURIAM: W. Thomas
Miller appeals the trial court's award of reasonable costs incurred by Dianne
Fleming and Point Arcadia Horizontal Property Regime, Inc.[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)(1), 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
Fleming and Point Arcadia 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 Point Arcadia (W.
Thomas Miller. v. Point Arcadia Horizontal Property Regime, Inc., Op. No. 2009-UP-344 (S.C. Ct. App. Filed June 22, 2009)).  However, Fleming and Point
Arcadia concede they are entitled to one award of costs.

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