Maness v. SCDMH ( 2012 )


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  • 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
    Terry Maness, Michael Miller, Michael Davis and Rufus
    Belding, Plaintiffs,
    Of Whom Rufus Belding is Appellant,
    v.
    South Carolina Department of Mental Health,
    Respondent.
    Appellate Case No. 2008-104850
    Appeal From Richland County
    G. Thomas Cooper, Jr., Circuit Court Judge
    Unpublished Opinion No. 2012-UP-483
    Submitted April 2, 2012 – Filed August 8, 2012
    DISMISSED
    Rufus Belding, pro se, for Appellant.
    Sheally Venus Poe, of Smith Poe, P.A., of Simpsonville,
    for Respondent.
    PER CURIAM: Rufus Belding filed suit against the South Carolina
    Department of Mental Health (Department) because the Department charged
    him for third-party medical care relating to his heart attack. Belding appeals
    the circuit court's grant of summary judgment to the Department, arguing the
    trial court erred in applying statutes from Title 44, Chapters 22 and 23, to him
    and in failing to require the Department to pay his third-party medical bills.
    We dismiss this appeal as moot pursuant to Rule 220(b), SCACR, and the
    following authorities: Sloan v. Greenville Cnty., 
    380 S.C. 528
    , 535, 
    670 S.E.2d 663
    , 667 (Ct. App. 2009) ("An appellate court . . . will not adjudicate
    a matter when no actual controversy capable of specific relief exists. A case
    becomes moot when judgment, if rendered, will have no practical legal effect
    upon the existing controversy. Mootness also arises when some event occurs
    making it impossible for the reviewing court to grant effectual relief."
    (internal citations omitted)); S.C. State Highway Dep't v. McKeown Food
    Store No. 9, 
    254 S.C. 180
    , 183, 
    174 S.E.2d 342
    , 343 (1970) (holding a
    voluntary settlement agreement renders an action moot).
    DISMISSED.
    FEW, C.J., PIEPER, J., and CURETON, A.J., concur.
    

Document Info

Docket Number: 2012-UP-483

Filed Date: 8/8/2012

Precedential Status: Non-Precedential

Modified Date: 10/22/2024