McMasters v. Charpia ( 2011 )

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

Rene McMasters now known as Rene McMasters Ronaghan, Respondent,

v.

H. Wayne Charpia a/k/a Howard W. Charpia and Jody E. Charpia, Defendants,

Of whom H. Wayne Charpia, a/k/a Howard W. Charpia, is the, Appellant.

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Appeal From Dorchester County
Edgar W. Dickson, Circuit Court Judge

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Unpublished Opinion No.  2011-UP-445
Submitted October 1, 2011 – Filed October 11, 2011

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AFFIRMED

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Howard W. Charpia, pro se, of Summerville.

Frank M. Cisa, of Mt. Pleasant, for Respondent.

PER CURIAM: H. Wayne Charpia appeals the circuit court's grant of Rene McMasters Ronaghan's motion for a compulsory order of reference, arguing the circuit court erred in: (1) not enforcing Rule 53, SCRCP; (2) not enforcing Rule 38, SCRCP; and (3) not accepting a "judicial/execution sale" or "upset bid sale" of the subject property.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1. As to whether the circuit court erred in not enforcing Rule 53, SCRCP: Rule 71, SCRCP ("Actions to foreclose liens . . . shall ordinarily be referred to a master pursuant to Rule 53."); Rule 53(b), SCRCP (stating an action for foreclosure "may be referred to the master . . . by order of a circuit judge or the clerk of court").

2. As to whether the circuit court erred in not enforcing Rule 38, SCRCP: Lester v. Dawson, 327 S.C. 263, 267, 491 S.E.2d 240, 242 (1997) ("Generally, the relevant question in determining the right to trial by jury is whether an action is legal or equitable; there is no right to trial by jury for equitable actions.");  Wilder Corp. v. Wilke, 324 S.C. 570, 576, 479 S.E.2d 510, 513 (Ct. App. 1996) (stating actions for foreclosure are in equity).

3. As to whether the circuit court erred in not accepting a "judicial/execution sale" or the "upset bid sale" of the subject property: S.C. Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295, 301-02, 641 S.E.2d 903, 907 (2007) (holding an issue must be raised to and ruled upon by the circuit court to preserve the issue for appellate review).

AFFIRMED.

HUFF, PIEPER, and LOCKEMY, JJ., concur.

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[1] We decided this case without oral argument pursuant to Rule 215, SCACR.