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2007-UP-493 - Babb v. Noble

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


Mac Babb, Respondent,

v.

Katherine L. Noble, a/k/a Bonnie C. Noble, Appellant.


Appeal From Horry County
 James R. Barber, Circuit Court Judge


Unpublished Opinion No. 2007-UP-493
Submitted October 1, 2007 – Filed October 16, 2007


APPEAL DISMISSED


William M. Bruner, of Myrtle Beach, for Appellant.

Mac Babb, of Little River, for Respondent.

PER CURIAM[1]: Noble’s Statement of Issues on Appeal and her Argument do not coincide.  Moreover, the arguments in the body of her brief were not included in the Statement of Issues on Appeal, and are cursory in their own right.  Accordingly, we dismiss this appeal based on the following authorities: Rule 208(b)(1)(B), SCACR, (requiring appellants to provide the court with “[a] statement of each of the issues presented for review” and cautioning appellants the appellate court ordinarily will not consider any point which is not set forth in the statement of issues on appeal); Fields v. Monroe Ltd. P’ship, 312 S.C. 102, 106, 439 S.E.2d 283, 285 (Ct. App. 1993) (“An issue raised on appeal but not argued in the brief is deemed abandoned.”); and First Sav. Bank v. McLean, 314 S.C. 361, 363 444 S.E.2d 513, 515 (1994) (stating an issue is abandoned where the appellant fails to provide argument or supporting authority).

Accordingly, this appeal is

DISMISSED.

STILWELL, SHORT, and WILLIAMS JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.