Bliey v. Linda Robinson & Herrington's, LLC
Decision Date | 19 June 2019 |
Docket Number | Appellate Case No. 2016-001275,Unpublished Opinion No. 2019-UP-218 |
Parties | Ernest Bliey, Appellant, v. Linda Robinson and Herrington's, LLC, Defendants, Of which Herrington's, LLC, is the Respondent. |
Court | South Carolina Court of Appeals |
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.
Appeal From Georgetown County
Benjamin H. Culbertson, Circuit Court Judge
AFFIRMED
William M. Saltzman, of Merritt, Webb, Wilson & Caruso, PLLC, of Columbia, for Appellant.
Walker H. Willcox, of Willcox Buyck & Williams, PA, of Florence, for Respondent.
Ernest Bliey appeals the circuit court's order denying his Rule 60(a), SCRCP, motion to correct a clerical mistake, arguing the circuit court erred in finding Bliey's naming of "Herrington's, LLC" as a defendant did not constitute a clerical error and that allowing Bliey to substitute other defendants would improperly alter the scope of the underlying judgment. Bliey also argues the circuit court erred in finding he failed to present sufficient evidence to vacate the judgment under Rule 60(b), SCRCP. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
1. The circuit court did not err in denying Bliey's Rule 60(a) motion because Bliey failed to provide any evidence that Herrington's performed work under any of the names Bliey sought to substitute as defendants, and the amendment would not have been a mere correction of an identified defendant's name. See Rule 60(a), SCRCP (); Tri-Cty. Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 241, 399 S.E.2d 779, 782 (1990) (); Dion v. Ravenel, Eiserhardt Assocs., 316 S.C. 226, 230, 449 S.E.2d 251, 253-54 (Ct. App. 1994) ( ; Ex parte S.C. Dep't of Revenue, 350 S.C. 404, 408 n.1, 566 S.E.2d 196, 198 n.1 (Ct. App. 2002) (); Tri-Cty. Ice & Fuel, 303 S.C. at 241, 399 S.E.2d at 782 ( ); McClurg v. Deaton, 395 S.C. 85, 86 n.1, 716 S.E.2d 887, 887 n.1 (2011) ( ). Further, even if it were relevant, we cannot consider the evidence Bliey sought to submit with his Rule 59(e), SCRCP, motion. See Stevens & Wilkinson of S.C., Inc. v. City of Columbia, 409 S.C. 563, 567, 762 S.E.2d 693, 695 (2014) (); Spreeuw v. Barker, 385 S.C. 45, 68-69, 682 S.E.2d 843, 855 (Ct. App. 2009) ( ).
2. The circuit court did not err in denying Bliey's Rule 60(b), SCRCP, motion because Bliey did not provide any evidence of a justified mistake. See Rule 60(b), SCRCP (); BB & T v. Taylor, 369 S.C. 548, 552, 633 S.E.2d 501, 503 (2006) (); Williams v. Watkins, 384 S.C. 319, 324, 681 S.E.2d 914, 917 (Ct. App. 2009) (); Coleman v. Dunlap, 306 S.C. 491, 495, 413 S.E.2d 15, 17 (1992) (...
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