Griggs v. Ashleytowne Recreational Development, Inc. ( 2012 )

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
Charles Griggs, Appellant,
v.
Ashleytowne Recreational Development, Inc.,
Respondent.
Appellate Case No. 2011-187066
Appeal From Charleston County
Deadra L. Jefferson, Circuit Court Judge
Unpublished Opinion No. 2012-UP-614
Submitted October 1, 2012 – Filed November 21, 2012
AFFIRMED
Charles Griggs, of Acworth, Georgia, pro se.
Derek Dean, of Simons & Dean, of Charleston, for
Respondent.
PER CURIAM: Charles Griggs appeals the circuit court's dismissal of his appeal
from the magistrate court for failure to timely file an appeal. We affirm pursuant
to Rule 220(b), SCACR, and the following authorities:
1. As to whether the circuit court properly dismissed Griggs's appeal: S.C. Code
Ann. § 18-7-20 (Supp. 2011) ("The appellant, within thirty days after written
notice of judgment has been given him or his attorney by the magistrate . . . except
when the judgment is announced at the trial in the presence of the appellant or his
attorney then no written notice is necessary, shall serve a notice of appeal, stating
the grounds upon which the appeal is founded.").
2. As to Griggs's remaining arguments: Wilder Corp. v. Wilke, 330 S.C. 71, 76,
497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the
first time on appeal, but must have been raised to and ruled upon by the [circuit
court] to be preserved for appellate review.").
AFFIRMED.1
SHORT, KONDUROS, and LOCKEMY, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.