Stinson v. Hans & Franz, LLC

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

Laurin Stinson, Respondent,

v.

Hans & Franz, LLC d/b/a Hans & Franz Biergarten, Addys Dutch Cafe and Restaurant, Addy Sulley, and Jurgen Haubach, Appellants.

Appellate Case No. 2014-002464

Appeal From Greenville County D. Garrison Hill, Circuit Court Judge

Unpublished Opinion No. 2016-UP-103 Submitted December 1, 2015 – Filed March 2, 2016

AFFIRMED

John G. Reckenbeil, of Law Office of John G. Reckenbeil, LLC, of Spartanburg, for Appellants.

Jeffrey P. Dunlaevy and Brian Patrick Murphy, both of Stephenson & Murphy, LLC, of Greenville; and Charles Alexander Cable, of Simpsonville, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Buist v. Buist, 410 S.C. 569, 574, 766 S.E.2d 381, 383 (2014) ("It is

well settled that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial court to be preserved." (quoting Pye v. Estate of Fox, 369 S.C. 555, 564, 633 S.E.2d 505, 510 (2006))); Smith v. NCCI, Inc., 369 S.C. 236, 247-48, 631 S.E.2d 268, 274 (Ct. App. 2006) ("When a trial court does not explicitly rule on an argument raised, and the appellant makes no Rule 59(e), SCRCP, motion to obtain a ruling, the appellate court may not address the issue."); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 24, 602 S.E.2d 772, 780 (2004) ("A party must file [a Rule 59(e)] motion when an issue or argument has been raised, but not ruled on, in order to preserve it for appellate review."); Rule 59(e), SCRCP ("A motion to alter or amend the judgment shall be served not later than [ten] days after receipt of written notice of the entry of the order.").

AFFIRMED.1

KONDUROS, LOCKEMY and MCDONALD, JJ., concur.

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