Nationstar Mortgage LLC v. Sheppard

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

Nationstar Mortgage LLC, Respondent,

v.

Carmen D. Sheppard a/k/a Carmen Sheppard, a/k/a Carmen Dillard Sheppard, Alan J. Sheppard a/k/a Alan Sheppard, TD Bank, National Association, LVNV Funding LLC, and Darrell Creek Plantation Homeowners' Association, Inc., Defendants,

Of whom Carmen D. Sheppard and Alan J. Sheppard are the Appellants.

Appellate Case No. 2013-002807

Appeal From Charleston County Mikell R. Scarborough, Master-in-Equity

Unpublished Opinion No. 2016-UP-155 Submitted January 1, 2016 – Filed March 30, 2016

AFFIRMED

William Scotty Sheriff, of Sheriff Law Firm, of Charleston; and John Clifford Johnston, of Johnston & Farmer, LLC, of Mount Pleasant, for Appellants.

Robert A. Muckenfuss and Trent M. Grissom, both of McGuireWoods LLP, of Charlotte; and Dean Anthony Hayes, of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for Respondent.

PER CURIAM: Carmen and Alan Sheppard appeal the master-in-equity's order of foreclosure and sale. We affirm.1

1. We find the issue involving the writ of mandamus not properly before this court. See Rule 201(a), SCACR ("Appeal may be taken, as provided by law, from any final judgment, appealable order or decision."); Rule 203(a), SCACR ("A party intending to appeal must serve and file a notice of appeal and otherwise comply with these Rules.").

2. We find all remaining issues not preserved. See S.C. Dep't of Transp. v. M & T Enters. of Mt. Pleasant, LLC, 379 S.C. 645, 658-59, 667 S.E.2d 7, 14-15 (Ct. App. 2008) (providing an issue must be both raised to and ruled upon by the master in order to be preserved for appellate review); Degenhart v. Knights of Columbus, 309 S.C. 114, 118, 420 S.E.2d 495, 497 (1992) ("An issue on which the master-in- equity never ruled and which was not raised in post-trial motions is not properly before this [c]ourt.").

AFFIRMED.

FEW, C.J., and KONDUROS and LOCKEMY, JJ., concur.

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