State v. Cardneas ( 2013 )

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
State of South Carolina, Respondent,
v.
Robin Cardneas, Defendant, Smith's Insurance & Bail,
Bondsman, and Palmetto Surety Corporation, Surety,
Of Whom Smith's Insurance & Bail and Palmetto Surety
Corporation are the Appellants.
Appellate Case No. 2011-188206
Appeal From Dorchester County
Diane Schafer Goodstein, Circuit Court Judge
Unpublished Opinion No. 2013-UP-411
Submitted October 1, 2013 – Filed November 6, 2013
AFFIRMED
John Eric Kaufmann, of The Law Office of John Eric
Kaufmann, and Andrew F. Litvin, of Litvin Law Group,
LLC, both of Columbia, for Appellant.
Attorney General Alan McCrory Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant
Deputy Attorney General Salley W. Elliott, and Assistant
Attorney General William M. Blitch, Jr., all of Columbia;
and Solicitor David Michael Pascoe, Jr., of Orangeburg,
for Respondent.
PER CURIAM: Smith's Insurance & Bail and Palmetto Surety Corporation
appeal the estreatment order of Robin Cardneas's surety bond, arguing the trial
judge erred by (1) issuing the order without considering the statutorily required
factors for remitting judgment on a bond forfeiture, and (2) failing to recuse herself
when she exhibited a personal bias toward the solicitor. We affirm pursuant to
Rule 220(b), SCACR, and the following authorities:
1. As to whether the trial judge erred by issuing the order without considering
statutorily required factors for remitting judgment on a bond forfeiture: State v.
Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue
to be preserved for appellate review, it must have been raised to and ruled upon by
the trial judge. Issues not raised and ruled upon in the trial court will not be
considered on appeal.").
2. As to whether the trial judge erred by failing to recuse herself when she
exhibited a personal bias toward the solicitor: Dunbar, 356 S.C. at 142, 587 S.E.2d
at 693-94 ("In order for an issue to be preserved for appellate review, it must have
been raised to and ruled upon by the trial judge. Issues not raised and ruled upon
in the trial court will not be considered on appeal."); State v. Jackson, 353 S.C.
625, 627, 578 S.E.2d 744, 745 (Ct. App. 2003) ("It is not enough for a party
seeking disqualification to simply allege bias or prejudice. The party must show
some evidence of that bias or prejudice." (internal citation omitted)).
AFFIRMED.1
HUFF, GEATHERS, and LOCKEMY, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.