Overland v. Nance

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
Overland, Inc., d/b/a Land Rover Greenville, Appellant,
v.
Lara Marie Nance, Charlie Andrew Nance, Roger Fields,
Synovus Financial Corporation d/b/a NBSC, Branch
Banking and Trust Company, Bank of America
Corporation, and SunTrust Banks, Inc., Defendants,
Of which Bank of America Corporation and SunTrust
Banks, Inc. are the Respondents.
Appellate Case No. 2015-000523
Appeal From Greenville County
Letitia H. Verdin, Circuit Court Judge
Unpublished Opinion No. 2016-UP-368
Submitted May 1, 2016 – Filed July 20, 2016
APPEAL DISMISSED
Carl F. Muller, of Carl F. Muller, Attorney at Law, P.A.,
and T. Hunt Reid, of Howard Howard Francis & Reid,
both of Greenville, for Appellant.
James W. Sheedy and Susan Elizabeth Driscoll, both of
Driscoll Sheedy, P.A., of Charlotte, North Carolina; and
Jan T. Chilton, of Severson & Werson, of San Francisco,
California, for Respondent Bank of America
Corporation.
W. Howard Boyd, Jr. and Zachary Lee Weaver, both of
Gallivan, White & Boyd, PA, of Greenville, for
Respondent SunTrust Banks, Inc.
PER CURIAM: Appeal dismissed pursuant to Rule 220(b), SCACR, and the
following authorities: Rule 6(b), SCRCP ("The time for taking any action under
rules 50(b), 52(b), 59, and 60(b) may not be extended except to the extent and
under the conditions stated in them."); Rule 59(e), SCRCP ("A motion to alter or
amend the judgment shall be served not later than 10 days after receipt of written
notice of the entry of the order."); Rule 59(f), SCRCP ("The time for appeal for all
parties shall be stayed by a timely motion under this Rule and shall run from the
receipt of written notice of entry of the order granting or denying such motions."
(emphasis added)); Coward Hund Constr. Co. v. Ball Corp., 336 S.C. 1, 3, 518
S.E.2d 56, 57 (Ct. App. 1999) ("A motion under Rule 59(e) is timely if it is 'served
not later than 10 days after receipt of written notice of the entry of the order.'"
(quoting Rule 59(e), SCRCP)); Rule 203(b)(1), SCACR ("A notice of appeal shall
be served on all respondents within thirty (30) days after receipt of written notice
of entry of the order or judgment. When a timely motion . . . to alter or amend the
judgment . . . has been made, the time for appeal for all parties shall be stayed and
shall run from receipt of written notice of entry of the order granting or denying
such motion."); Elam v. S.C. Dep't of Transp., 361 S.C. 9, 14-15, 602 S.E.2d 772,
775 (2004) ("The requirement of service of the notice of appeal is jurisdictional,
i.e., if a party misses the deadline, the appellate court lacks jurisdiction to consider
the appeal and has no authority or discretion to 'rescue' the delinquent party by
extending or ignoring the deadline for service of the notice.").
APPEAL DISMISSED.1
LOCKEMY, C.J., and WILLIAMS and MCDONALD, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.