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2012-UP-074 - McDaniels v. Wilson

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

Dontell Daniel McDaniels, Appellant,

v.

Alan Wilson, Attorney General, James Bogle, Jr., Assistant Attorney General for South Carolina, Respondents.


Appeal From Darlington County
Paul M. Burch, Circuit Court Judge


Unpublished Opinion No. 2012-UP-074
Submitted January 3, 2012 – Filed February 8, 2012   


AFFIRMED


Thomas D. Broadwater, of Newberry, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Attorney General J.C. Nicholson, III, all of Columbia, for Respondents.

PER CURIAM:  Dontell Daniel McDaniels appeals the circuit court's order granting Alan Wilson and James Bogle, Jr.'s motion to dismiss, arguing his suit was not barred by the statute of limitations, sovereign immunity, or the law of the case.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Dixon v. Dixon, 362 S.C. 388, 399, 608 S.E.2d 849, 854 (2005) (holding that an issue raised for the first time in a Rule 59, SCRCP, motion is not preserved for appellate review); Poch v. Bayshore Concrete Prods./S.C., Inc., 386 S.C. 13, 31, 686 S.E.2d 689, 699 (Ct. App. 2009) ("A party cannot use a motion to reconsider, alter or amend a judgment to present an issue that could have been raised prior to the judgment but was not.").

AFFIRMED.

WILLIAMS, KONDUROS, and GEATHERS, JJ., concur.


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