Regions Bank v. Gatesman-Majors Partners ( 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

Regions Bank, Respondent,

v.

Gatesman-Majors Partners, LLC, Randy A. Gatesman, Stacey L. Majors, Frederick F. Majors, Excel Construction, Inc., Trinity Hydro Seeding & Landscaping, Concrete Designs, Inc., and Hertz Equipment Rental Corporation, Defendants,

Of whom Gatesman-Majors Partners, LLC, Stacey L. Majors and Frederick F. Majors are the, Appellants.

S&W Ready Mix Concrete Co., Inc., Plaintiff,

v.

Tyler's Customs Concrete, LLC and Gatesman-Majors Partners, LLC, Defendants.

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Appeal From Horry County
Benjamin H. Culbertson, Circuit Court Judge
Cynthia Graham Howe, Master-in-Equity

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Unpublished Opinion No. 2011-UP-573
Submitted December 1, 2011 – Filed December 20, 2011

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AFFIRMED

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F. Miles Adler and Elizabeth H. Freeman, both of Pawleys Island, for Appellants.

Hamilton Osborne, Jr., of Columbia, for Respondent.

PER CURIAM:  Gatesman-Majors Partners (GMP), Stacey L. Majors, and Frederick F. Majors, appeal the order of the circuit court granting summary judgment to Regions Bank (Regions) on Regions's claim against the Majors as guarantors of a promissory note, arguing the circuit court erred in finding the Majors defaulted on a loan secured by the note.  GMP also appeals the master-in-equity's order and judgment of foreclosure and sale of a parcel of real property, arguing the master erred in finding the Majors defaulted on the same loan or, in the alternative, GMP established the affirmative defense of payment.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1.  As to whether the circuit court erred in finding Regions met its burden of proof:  Aiken v. World Fin. Corp. of S.C., 373 S.C. 144, 148, 644 S.E.2d 705, 708 (2007) ("In order to be preserved for appellate review, an issue must have been raised to and ruled upon by the [circuit] court.").

2.  As to whether the master-in-equity erred in finding Regions established default and GMP did not establish payment:  U.S. Bank Trust Nat'l Ass'n v. Bell, 385 S.C. 364, 373, 684 S.E.2d 199, 204 (Ct. App. 2009) (explaining that in an appeal from an action at equity the appellate court may find facts in accordance with its own view of the preponderance of the evidence but is not required to disregard the findings below or ignore the fact that the master-in-equity is in a better position to assess the credibility of the witnesses).

AFFIRMED.

SHORT, WILLIAMS, and GEATHERS, JJ., concur.

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