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2010-UP-234 - DLJ Mortgage Capital v. Jones

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

In Re: Mortgage from Boyd J. Jones to Numax Mortgage Corp., in the amount of 102,125.00, dated June 1, 2001, recorded in Book 540, page 2952 in the office of Register of Deeds for Richland County, South Carolina, and subsequently assigned to DLJ Mortgage Capital, Inc.

DLJ Mortgage Capital, Inc., Respondent,

v.

Boyd J. Jones, Appellant.


Boyd J. Jones, Cross-Plaintiff,

v.

Select Portfolio Servicing, Inc. and Credit Suisse First Boston Mortgage Capital, LLC, Cross-Defendants.


Appeal From Richland County
 Alison Renee Lee, Circuit Court Judge


Unpublished Opinion No. 2010-UP-234
Submitted March 1, 2010 – Filed April 8, 2010   


AFFIRMED


Boyd J. Jones, pro se, of Columbia, for Appellant.

Stephen C. Lenker, Jr., of Columbia, for Respondent.

PER CURIAM: Boyd J. Jones appeals the trial court's 2007 order enforcing his settlement agreement with DLJ Mortgage Capital, Inc. (DLJ).  Boyd argues the 2007 enforcement order was improper because it substantially changed a 2005 order enforcing the same settlement agreement.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Rule 43(k), SCRCP (providing a settlement agreement is binding if made in open court and noted upon the record);  Rock Smith Chevrolet, Inc. v. Smith, 309 S.C. 91, 93, 419 S.E.2d 841, 842 (Ct. App. 1992) (finding the circuit court has the inherent authority to enforce or refuse to enforce a settlement agreement entered into before it).    

AFFIRMED.

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


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