Pracht v. Pracht

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
Tracy L. Pracht, Respondent,
v.
Gregory B. Pracht, Appellant.
Appellate Case No. 2017-000235
Appeal From York County
Thomas Henry White, IV, Family Court Judge
Unpublished Opinion No. 2019-UP-399
Submitted November 1, 2019 – Filed December 18, 2019
AFFIRMED
John Martin Foster, of Rock Hill, for Appellant.
Daniel Dominic D'Agostino, of D'Agostino Law Firm, of
York, for Respondent.
PER CURIAM: Gregory B. Pracht (Husband) appeals the family court's
confirmation of an amended arbitration award between him and his ex-wife Tracy
L. Pracht, arguing (1) his motion to vacate the amended arbitration award and
confirm the initial arbitration award was timely and (2) no grounds existed to
amend the initial award. We affirm1 pursuant to Rule 220(b), SCACR.
1. Husband failed to timely file his motion to vacate the amended arbitration
award because more than ninety days elapsed from the delivery of the amended
arbitration award on or about March 11, 2016, and the filing of his motion on
December 12, 2016. See Stoney v. Stoney, 422 S.C. 593, 594, 813 S.E.2d 486, 486
(2018) (stating that on appeal from the family court, this court reviews factual and
legal issues de novo); S.C. Code Ann. § 15-48-130(b) (2005) ("An application
under this section [to vacate an arbitration award] shall be made within ninety days
after delivery of a copy of the award to the applicant . . . ." (emphasis added));
Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581 (2000) ("The cardinal rule
of statutory construction is to ascertain and effectuate the intent of the
legislature."); id. ("Under the plain meaning rule, it is not the court's place to
change the meaning of a clear and unambiguous statute."); id. ("Where the statute's
language is plain and unambiguous, and conveys a clear and definite meaning, the
rules of statutory interpretation are not needed and the court has no right to impose
another meaning."); id. ("What a legislature says in the text of a statute is
considered the best evidence of the legislative intent or will. Therefore, the courts
are bound to give effect to the expressed intent of the legislature." (quoting
Norman J. Singer, Sutherland Statutory Construction § 46.03, at 94 (5th ed.
1992))).
2. Because the family court did not err in confirming the amended arbitration
award, we need not address Husband's arguments about confirming the initial
arbitration award and that no ground existed to amend the initial award. See Futch
v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598
(1999) (declining to address remaining issues when disposition of a prior issue is
dispositive).
AFFIRMED.
LOCKEMY, C.J., and KONDUROS and HILL, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.