Classic Stair Works v. Ellison

THE STATE OF SOUTH CAROLINA THE STATE OF SOUTH CAROLINA In The Court of Appeals Classic Stair Works, LTD., Respondent, v. Karen P. Ellison, Appellant. Appeal From Anderson County J. C. Nicholson, Jr., Circuit Court Judge Unpublished Opinion No. 2003-UP-292 Submitted April 7, 2003 – Filed April 29, 2003 AFFIRMED W. Grady Jordan, of Easley, for Respondent. J. Calhoun Pruitt, Jr., of Anderson, for Appellant. PER CURIAM: Affirmed pursuant to Rule 220(b)(2), SCACR, and the following authorities: Noisette v. Ismail, 304 S.C. 56, 58, 403 S.E.2d 122, 124 (1991) (holding issues not raised to and ruled on by the trial judge are not preserved for review by an appellate court); McKissick v. J.F. Cleckley & Co., 325 S.C. 327, 344, 479 S.E.2d 67, 75 (Ct. App. 1996) (holding a party cannot argue one theory at trial and a different theory on appeal). AFFIRMED. [1] STILWELL, HOWARD, JJ., and STROM, Acting Judge, concur. [1] Because oral argument would not aid the Court in resolving any issue on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.