Regions Bank v. Gatesman-Majors Partners

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

Regions Bank, Respondent,

v.

Gatesman-Majors
Partners, LLC, Randy A. Gatesman, Stacey L. Majors, Frederick F. Majors,
Excel Construction, Inc., Trinity Hydro Seeding & Landscaping, Concrete
Designs, Inc., and Hertz Equipment Rental Corporation, Defendants,

Of whom Gatesman-Majors Partners, LLC, Stacey L. Majors and Frederick F. Majors are
the, Appellants.

S&W Ready
Mix Concrete Co., Inc., Plaintiff,

v.

Tyler's Customs
Concrete, LLC and Gatesman-Majors Partners, LLC, Defendants.

Appeal From Horry County

Benjamin H. Culbertson, Circuit Court
Judge

Cynthia Graham Howe, Master-in-Equity

Unpublished Opinion No. 2011-UP-573

Submitted December 1, 2011 – Filed
December 20, 2011

AFFIRMED

F. Miles Adler and Elizabeth H. Freeman, both
of Pawleys Island, for Appellants.

Hamilton Osborne, Jr., of Columbia, for
Respondent.

PER CURIAM:  Gatesman-Majors Partners (GMP), Stacey L. Majors, and Frederick
F. Majors, appeal the order of the circuit court granting summary judgment to
Regions Bank (Regions) on Regions's claim against the Majors as guarantors of a
promissory note, arguing the circuit court erred in finding the Majors
defaulted on a loan secured by the note.  GMP also appeals the
master-in-equity's order and judgment of foreclosure and sale of a parcel of
real property, arguing the master erred in finding the Majors defaulted on the
same loan or, in the alternative, GMP established the affirmative defense of
payment.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1.  As to whether the circuit court erred in
finding Regions met its burden of proof:  Aiken v. World Fin. Corp. of S.C.,
373 S.C. 144, 148, 644 S.E.2d 705, 708 (2007) ("In order to be preserved
for appellate review, an issue must have been raised to and ruled upon by the
[circuit] court.").

2.  As to whether the master-in-equity erred in
finding Regions established default and GMP did not establish payment:  U.S.
Bank Trust Nat'l Ass'n v. Bell, 385 S.C. 364, 373, 684 S.E.2d 199, 204 (Ct.
App. 2009) (explaining that in an appeal from an action at equity the appellate
court may find facts in accordance with its own view of the preponderance of
the evidence but is not required to disregard the findings below or ignore the
fact that the master-in-equity is in a better position to assess the
credibility of the witnesses).

AFFIRMED.

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.

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