Lee Carlton Walker v. Sylvia Ashley McAdams ( 2022 )


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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
    Lee Carlton Walker, Appellant,
    v.
    Sylvia Ashley McAdams, Respondent.
    Appellate Case No. 2021-000542
    Appeal From Charleston County
    Michèle Patrão Forsythe, Family Court Judge
    Unpublished Opinion No. 2022-UP-424
    Submitted November 18, 2022 – Filed November 30, 2022
    APPEAL DISMISSED
    Gil Gatch, of Gil Gatch Law, of Summerville, for
    Appellant.
    Joseph Clay Hopkins, of Charleston, for Respondent.
    Ervin Lindsay Blanks, of E. Lindsay Blanks, PA, of
    North Charleston, for the Guardian ad Litem.
    PER CURIAM: Lee Carlton Walker appeals temporary orders of the family
    court, arguing (1) the orders are immediately appealable, (2) the family court's
    order restricting him from publishing information related to the ongoing litigation
    was overbroad and impermissibly infringed on his right to free speech, (3) the
    family court lacked a sufficient factual basis to order him to remove from the
    internet all materials relating to his minor child, (4) the family court exceeded its
    jurisdiction by ordering him remove from the internet all materials related to his
    minor child, (5) the family court lacked a sufficient factual basis to reallocate
    responsibility for the fees owed to his minor child's therapist, (6) the family court
    lacked a sufficient factual basis to require him to pay 75% of the fees owed to his
    minor child's mental health counselor, (7) the family court lacked a sufficient
    factual basis to reallocate responsibility for the fees owed to the attorney for his
    minor child's guardian ad litem, (8) the family court violated his right to due
    process by denying his motion for reinstatement of custody of his minor child
    without a hearing, (9) the family court erred by denying his petition for
    supersedeas of its February 22, 2021 order, and (10) the family court lacked a
    sufficient factual basis to deny his motion to reinstate his custody of his minor
    child.
    Because the underlying orders on appeal are not immediately appealable, we
    dismiss the appeal pursuant to Rule 220(b), SCACR, and the following authorities:
    Tillman v. Tillman, 
    420 S.C. 246
    , 248, 
    801 S.E.2d 757
    , 759 (Ct. App. 2017)
    ("Generally only final judgments are [immediately] appealable."); 
    id. at 249
    , 801
    S.E.2d at 759 ("Some exceptions to the final judgment rule are set forth in section
    14-3-330 of the South Carolina Code (2017), which provides for the appealability
    of certain interlocutory orders."); Terry v. Terry, 
    400 S.C. 453
    , 456, 
    734 S.E.2d 646
    , 648 (2012) ("A temporary order of the family court is without prejudice to the
    rights of the parties."); id. at 456-57, 734 S.E.2d at 648 ("[Temporary] orders are,
    by definition, temporary—they neither decide any issue with finality nor affect a
    substantial right . . . .").
    APPEAL DISMISSED. 1
    KONDUROS, HEWITT, and VINSON, JJ., concur
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2022-UP-424

Filed Date: 11/30/2022

Precedential Status: Non-Precedential

Modified Date: 10/22/2024