Hugh Parks Prices v. Sara Filler

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

Hugh Parks Price, Appellant,

v.

Sara Filler, Respondent.

Appellate Case No. 2023-001032

Appeal From Saluda County
Debra R. McCaslin, Circuit Court Judge

Unpublished Opinion No. 2026-UP-085
Submitted January 2, 2026 – Filed February 25, 2026

AFFIRMED

Rolf Mouin Baghdady, of Rolf M. Baghdady, P.A., of
Chapin, for Appellant.

William E. Booth, III, of Booth Law Firm, LLC, of West
Columbia, for Respondent.

PER CURIAM: Hugh Parks Price appeals the circuit court's order affirming the
magistrate court's judgment in favor of Sara Filler in a claim and delivery action
concerning livestock. On appeal, Price argues (1) the circuit court erred in
affirming the magistrate court because the due process clause required that a
recording of the magistrate's proceedings be made available to him, and (2) he did
not receive the recording prior to the hearing. We affirm pursuant to Rule 220(b),
SCACR.

We hold these issues are not preserved for appellate review because they were not
raised to or ruled upon by the circuit court. Specifically, Price did not object to
participating in the hearing without the transcript, nor did he assert his due process
rights were violated by proceeding without the transcript. See Wilder Corp. v.
Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue
cannot be raised for the first time on appeal, but must have been raised to and ruled
upon by the [circuit court] to be preserved for appellate review."); Rule 75, SCRCP
("Appeals to the circuit court shall be made upon the original record in the lower
court or administrative agency or tribunal.").

AFFIRMED.1

WILLIAMS, C.J., and THOMAS and CURTIS, JJ., concur.

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