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2010-UP-484 - Person v. Carolia Pines Regional

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

Ruth J. Person, Appellant,

v.

Carolina Pines Regional Medical Center, Respondent.


Appeal From Darlington County
J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No. 2010-UP-484
Submitted October 1, 2010 – Filed November 4, 2010   


APPEAL DISMISSED


Daryl James Corbin, of Florence, for Appellant.

Martin S. Driggers, Jr, of Hartsville, for Respondent.

PER CURIAM: Appellant Ruth J. Person appeals the trial court's denial of her motion for a new trial pursuant to Rule 59(b), SCRCP, following a jury verdict for Respondent Carolina Pines Regional Medical Center.  After the jury verdict, Person's counsel indicated, upon inquiry by the trial court, that Person had no post-trial motions.  The next day, Person requested ten days to file a new trial motion.  Because Person's request for ten days to file the motion was not timely, we dismiss[1] the appeal pursuant to Rule 220(b), SCACR, and the following authorities:  Rule 59(b), SCRCP ("The motion for a new trial shall be made promptly after the jury is discharged, or in the discretion of the court not later than 10 days thereafter."); Boone v. Goodwin, 314 S.C. 374, 376, 444 S.E.2d 524, 525 (1994) ("[A] party must make a motion for a new trial promptly after the jury is discharged or request ten days within which to make the motion."). 

APPEAL DISMISSED.

WILLIAMS, PIEPER, and KONDUROS, JJ., concur.


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