Brazell v. Haley
Decision Date | 05 February 2020 |
Docket Number | Unpublished Opinion No. 2020-UP-034,Appellate Case No. 2017-001267 |
Parties | William A. Brazell, Individually and as Personal Representative of the Estate of Geneva J. Brazell, deceased, Appellant, v. Judith D. Haley, 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 Richland County
Robert E. Hood, Circuit Court Judge
AFFIRMED
Samuel M. Price, Jr., of Newberry, for Appellant.
Judith D. Haley, of Columbia, pro se.
William A. Brazell appeals the circuit court's order dismissing his action, arguing the circuit court erred in (1) failing to construe his attorney's emails as a motion for a continuance and a motion for reconsideration and (2) dismissing the action with prejudice. We affirm.1
We find the circuit court did not abuse its discretion in denying Brazell's motion for relief from judgment and reinstatement of the case. See Honorage Nursing Home of Florence, S.C., Inc. v. Florence Convalescent Ctr., Inc., 367 S.C. 108, 113, 623 S.E.2d 853, 855 (Ct. App. 2005) (); RRR, Inc. v. Toggas, 378 S.C. 174, 181, 662 S.E.2d 438, 441 (Ct. App. 2008) , aff'd, 381 S.C. 490, 674 S.E.2d 170 (2009). Here, Brazell failed to file a timely motion for reconsideration or notice of appeal of the circuit court's January 27, 2017 order dismissing the action. See Rule 59(e), SCRCP (); Rule 203(b)(1), SCACR (). Instead, Brazell filed a motion on March 3, 2017, arguing for the reversal of the order and reinstatement of the case. We find Brazell's March 3 motion attempted to invoke Rule 60(b) as a substitute for an appeal from final judgment. See Tench v. S.C. Dep't of Educ., 347 S.C. 117, 121, 553 S.E.2d 451, 453 (2001) (); Smith Cos. of Greenville v. Hayes, 311 S.C. 358, 428 S.E.2d 900 (Ct. App. 1993) ( ).
Furthermore, to the extent Brazell argues his attorney's emails to the circuit court should be construed as timely motions for a continuance and reconsideration, we find his argument is without merit. Brazell sent these emails directly to the circuit court, did not copy the respondent on the emails, and did not file them with the clerk of court; therefore, we find these emails cannot be construed as motions because they did not comply with the requirements of the South Carolina Rules of Civil Procedure. See Rule 5(a), SCRCP (); Rule 5(d), SCRCP (); Rule 5(e), SCRCP (). Accordingly, we find the circuit court did not abuse its discretion in denying Brazell's motion.
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