Stinson v. Hans & Franz, LLC

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

Laurin Stinson, Respondent,

v.

Hans & Franz, LLC d/b/a Hans & Franz Biergarten,
Addys Dutch Cafe and Restaurant, Addy Sulley, and
Jurgen Haubach, Appellants.

Appellate Case No. 2014-002464

Appeal From Greenville County
D. Garrison Hill, Circuit Court Judge

Unpublished Opinion No. 2016-UP-103
Submitted December 1, 2015 – Filed March 2, 2016

AFFIRMED

John G. Reckenbeil, of Law Office of John G.
Reckenbeil, LLC, of Spartanburg, for Appellants.

Jeffrey P. Dunlaevy and Brian Patrick Murphy, both of
Stephenson & Murphy, LLC, of Greenville; and Charles
Alexander Cable, of Simpsonville, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Buist v. Buist, 410 S.C. 569, 574, 766 S.E.2d 381, 383 (2014) ("It is
well settled that an issue cannot be raised for the first time on appeal, but must
have been raised to and ruled upon by the trial court to be preserved." (quoting Pye
v. Estate of Fox, 369 S.C. 555, 564, 633 S.E.2d 505, 510 (2006))); Smith v. NCCI,
Inc., 369 S.C. 236, 247-48, 631 S.E.2d 268, 274 (Ct. App. 2006) ("When a trial
court does not explicitly rule on an argument raised, and the appellant makes no
Rule 59(e), SCRCP, motion to obtain a ruling, the appellate court may not address
the issue."); 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)] motion when an issue or argument has
been raised, but not ruled on, in order to preserve it for appellate review."); Rule
59(e), SCRCP ("A motion to alter or amend the judgment shall be served not later
than [ten] days after receipt of written notice of the entry of the order.").

AFFIRMED.1

KONDUROS, LOCKEMY and MCDONALD, JJ., concur.

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