Bank of America v. Staley ( 2015 )


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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
    Bank of America, N.A., Respondent,
    v.
    Duce Staley, Felicia Woods a/k/a Felicia B. Woods,
    SCBT, N.A., South Carolina Department of Revenue,
    Palmetto Health, Manheim Automotive Financial
    Services, Inc., and Spring Valley Homeowners'
    Association, Defendants,
    And Willie Zimmerman, Third-Party Participant,
    Appellant.
    Appellate Case No. 2014-000140
    Appeal From Richland County
    Joseph M. Strickland, Master-in-Equity
    Unpublished Opinion No. 2015-UP-444
    Submitted August 1, 2015 – Filed August 26, 2015
    AFFIRMED
    Willie Zimmerman, pro se, of Irmo.
    Erica Greer Lybrand and Jason David Wyman, both of
    Rogers Townsend & Thomas, PC, of Columbia, for
    Respondent.
    PER CURIAM: Willie Zimmerman appeals the master-in-equity's order vacating
    a foreclosure sale. On appeal, Zimmerman argues the master erred in vacating the
    sale because (1) Zimmerman did not contribute to Bank of America's mistake and
    (2) the sale did not involve an inadequate price so gross as to shock the conscience
    or other circumstances warranting interference by the court. We affirm pursuant to
    Rule 220(b), SCACR, and the following authorities:
    As to Issue 1: Shirley's Iron Works, Inc. v. City of Union, 
    403 S.C. 560
    , 573, 
    743 S.E.2d 778
    , 785 (2013) ("An unappealed ruling is the law of the case and requires
    affirmance.").
    As to Issue 2: Wilder Corp. v. Wilke, 
    330 S.C. 71
    , 76, 
    497 S.E.2d 731
    , 733 (1998)
    ("It is axiomatic that an issue . . . must have been raised to and ruled upon by the
    [circuit court] to be preserved for appellate review.").
    AFFIRMED.1
    SHORT, KONDUROS, and MCDONALD, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2015-UP-444

Filed Date: 8/26/2015

Precedential Status: Non-Precedential

Modified Date: 10/22/2024