Fair v. Gary Realty Company

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR. THE STATE OF SOUTH CAROLINA In The Court of Appeals Frank T. Fair and Thelma B. Fair, Respondents, v. Gary Realty Company, Inc., and Tareyton, Inc., Defendants, Of whom Gary Realty Company, Inc., is the, Appellant. Appeal From Richland County William P. Keesley, Circuit Court Judge Unpublished Opinion No. 2005-UP-540 Submitted September 1, 2005 – Filed October 12, 2005 AFFIRMED Brenda R. Reddix-Smalls, of Columbia, for Appellant. Keith Babcock, Peter D. Protopapas, and William A. McKinnon, all of Columbia, for Respondents. PER CURIAM: Gary Realty Company appeals a circuit court order affirming an arbitration award in favor of Frank T. and Thelma B. Fair. We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities: Issue I: State v. Gentry, 363 S.C. 93, 100, 610 S.E.2d 494, 498 (2005) (stating subject matter jurisdiction refers to a court’s power to determine cases of a general class); S.C. Code Ann. §§ 15-48-20 to -240 (Supp. 2004) (an arbitrator’s authority is determined by contract and statute). Issues II & III: Johnson v. Johnson, 310 S.C. 44, 46, 425 S.E.2d 46, 48 (Ct. App. 1992) (finding an order entered by consent is binding and conclusive and cannot be attacked by the parties). AFFIRMED. HEARN, C.J., STILWELL, and KITTREDGE, JJ., concur. [1] We decide this case without oral argument pursuant to Rule 215, SCACR.