JP Morgan Chase Bank v. Sample

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

JP Morgan Chase Bank, National Association, Respondent,

v.

Leah B. Sample and JP Morgan Chase Bank, National Association s/b/m to Providian National Bank, Defendants,

Of whom Leah B. Sample is the Appellant.

Appellate Case No. 2013-001930

Appeal From York County Clyde N. Davis, Jr., Special Referee

Unpublished Opinion No. 2015-UP-361 Submitted May 1, 2015 – Filed July 15, 2015

AFFIRMED

David B. Sample, of Rock Hill, for Appellant.

Benjamin Rush Smith, III and Michael J. Anzelmo, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Bloody Point Prop. Owners Ass'n, Inc. v. Ashton, 410 S.C. 62, 66, 762 S.E.2d 729, 731 (Ct. App. 2014) ("The determination of whether to set aside a foreclosure sale is a matter within the discretion of the trial court."); id. ("An abuse of discretion occurs when the conclusions of the [trial] court are either controlled by an error of law or are based on unsupported factual conclusions." (internal quotation marks omitted)); Rule 5(b)(1), SCRCP ("Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of court."); NCNB S.C. v. Floyd, 303 S.C. 261, 264, 399 S.E.2d 794, 795-96 (Ct. App. 1990) (holding service was proper under Rule 5 when a bank mailed its notices to a defendant's last known address and the defendant moved "from place to place" but did not provide the address where he could be located).

AFFIRMED.1

SHORT, LOCKEMY, and McDONALD, JJ., concur.

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