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2009-UP-343 - Miller v. Fleming

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

W. Thomas Miller, Appellant,

v.

Diane Fleming, Respondent.


Appeal From Richland County
 Alison Renee Lee, Circuit Court Judge


Unpublished Opinion No.  2009-UP-343
Submitted June 1, 2009 – Filed June 22, 2009


Affirmed


W. Thomas Miller, of Columbia, pro se, for Appellant.

Evans T. Barnette, of Columbia, for Respondent.

PER CURIAM: W. Thomas Miller appeals the trial court's award of reasonable costs incurred by Dianne Fleming and Point Arcadia Horizontal Property Regime, Inc.[1] in obtaining an order compelling discovery due to Miller's refusal to answer any questions posed by Point Arcadia's attorney during his deposition.  Miller argues no evidence supports the imposition of such sanctions.  We affirm[2] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Barnette v. Adams Bros. Logging, Inc., 355 S.C. 588, 593, 586 S.E.2d 572, 575 (2003) (finding an appellate court will not disturb the trial court's imposition of sanctions "absent a clear abuse of discretion"); Id. (finding the party seeking to overturn the sanction bears the burden of demonstrating the trial court abused its discretion).  

AFFIRMED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


[1] We note Miller initiated similar actions against both Fleming and Point Arcadia individually.  The trial court consolidated the cases for discovery and trial, but issued two orders awarding costs.  Miller filed this appeal and also appealed the order awarding costs to Point Arcadia (W. Thomas Miller. v. Point Arcadia Horizontal Property Regime, Inc., Op. No. 2009-UP-344 (S.C. Ct. App. Filed June 22, 2009)).  However, Fleming and Point Arcadia concede they are entitled to one award of costs.

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