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Unpublished Opinion No. 2010-UP-484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.