Gilchrist v. Miles

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

Beverly Ann Gilchrist, Appellant,

v.

Florence Miles, Jimmy Glover, Albert Glover, Tommy
Glover, Mary M. Bibbs, Annie Jefferson, Barry Shedrick,
Myra S. Padgett, Wade Shedrick, Randy Glover, Genie
Miles, Freddie Glover, Jr., Aaron Glover, Steven R.
Glover, Terrie G. Frazier and Odell Glover, Doretha
Sander, Michael Holmes, Jackie James, Donnell
Hampton, Yvonne Forrest, ...Including any children and
heirs at law or distributees and devisees and all persons
entitled to claim under or through them, and all other
persons unknown claiming any right, title or interest in a
lien upon the real estate described in the Complaint
herein, any unknown adults being a class designated as
John Doe; and any unknown infants, minors or persons
under a legal disability including those in the military
service of the United States of America, being a class
designated as Richard Roe, Respondents.

Appellate Case No. 2017-000997

Appeal From Edgefield County
John F. Byrd, Jr., Special Referee

Unpublished Opinion No. 2019-UP-338
Submitted September 1, 2019 – Filed October 9, 2019
AFFIRMED

Beverly Ann Gilchrist, of Trenton, pro se.

Jennifer Padgett Sumner, of Sumner Law Firm, LLC, of
Edgefield, for Respondents.

PER CURIAM: Beverly Ann Gilchrist appeals the special referee's order for the
partition by sale of several tracts of real property and a subsequent supplemental
order determining the ownership percentages of each interested party to the
property. Because all of Gilchrist's asserted issues on appeal were either not raised
to the special referee, not argued in the body of her appellate brief, or unsupported
by legal authority, we affirm pursuant to Rule 220(b), SCACR, and the following
authorities: Pye v. Estate of Fox, 369 S.C. 555, 564, 633 S.E.2d 505, 510 (2006)
("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.");
Bryson v. Bryson, 378 S.C. 502, 510, 662 S.E.2d 611, 615 (Ct. App. 2008) ("An
issue is deemed abandoned and will not be considered on appeal if the argument is
raised in a brief but not supported by authority."); Ellie, Inc. v. Miccichi, 358 S.C.
78, 99, 594 S.E.2d 485, 496 (Ct. App. 2004) (recognizing an issue is abandoned on
appeal when it "is not argued within the body of the brief but is only a short
conclusory statement").1

AFFIRMED.2

LOCKEMY, C.J., and KONDUROS and HILL, JJ. concur.

1
We note the final brief Gilchrist filed with this court did not comply with the
South Carolina Appellate Court Rules. See Rule 211(b), SCACR (stating "[t]he
final brief(s) shall be identical to the brief(s) previously served under Rule 208[,
SCACR], except for" references to the record and corrections of typographical
errors and misspellings). As a result, this court addresses only the issues raised in
Gilchrist's amended initial brief, which Respondents addressed in their appellate
brief.
2
We decide this case without oral argument pursuant to Rule 215, SCACR.