Earp v. Perritte ( 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
    Bobbie Earp, Respondent,
    v.
    Sean Perritte, Appellant.
    Appellate Case No. 2011-204626
    Appeal From Berkeley County
    Jack A. Landis, Family Court Judge
    Unpublished Opinion No. 2012-UP-605
    Submitted October 26, 2012 – Filed November 7, 2012
    AFFIRMED
    Merrill A. Cox, of Cox Law Firm, of Goose Creek, for
    Appellant.
    Bobbie Earp, pro se, for Respondent.
    PER CURIAM: Sean Perritte appeals the family court's denial of his motion in
    reference to bankruptcy. Perritte argues an automatic stay in a Chapter 13
    bankruptcy bars the continuation of an order of incarceration for civil contempt for
    failure to pay child support. We affirm pursuant to Rule 220(b)(1), SCACR, and
    the following authorities: King v. King, 
    384 S.C. 134
    , 142, 
    681 S.E.2d 609
    , 614
    (Ct. App. 2009) (holding issues must be raised to and ruled upon by the family
    court to be preserved for appellate review); Bodkin v. Bodkin, 
    388 S.C. 203
    , 219,
    
    694 S.E.2d 230
    , 239 (Ct. App. 2010) (holding when the family court fails to rule
    on an issue presented, the issue must be raised in a Rule 59(e), SCRCP, motion to
    be preserved for review).
    AFFIRMED.1
    SHORT, KONDUROS, and LOCKEMY, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2012-UP-605

Filed Date: 11/7/2012

Precedential Status: Non-Precedential

Modified Date: 10/22/2024