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Unpublished Opinion No. 2010-UP-234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.