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2008-UP-502 - Johnson v. Jackson

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

Helen P. Johnson, Respondent,

v.

Mamie Jackson, Appellant.


Appeal from Richland County
 Joseph M. Strickland, Master-In-Equity


Unpublished Opinion No.  2008-UP-502
Submitted September 2, 2008 – Filed September 5, 2008


AFFIRMED


Mamie Jackson, of Columbia, pro se, for Appellant.

Leo Dryer, of Columbia, for Respondent.

PER CURIAM:  Helen Johnson brought suit against Mamie Jackson for Jackson’s breach of a land purchase agreement.   The circuit court found Jackson in default, and referred the matter to the master-in-equity.  Jackson now contends the master did not have jurisdiction because the order of reference was based on an erroneous grant of default.  We affirm pursuant to Rule 220(b), SCACR, and the following authority: Winesett v. Winesett, 287 S.C. 332, 334, 338 S.E.2d 340, 341 (1985) (“[A] default judgment may not be appealed to [the supreme court].  The proper procedure for challenging a default judgment is to move the trial court to set aside the judgment pursuant to Rule 60(b), SCRCP.”); Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) (“It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review.”).

AFFIRMED.[1]

HEARN, C.J., and HUFF, and GEATHERS, JJ., concur. 


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