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Gaskins v. Southern Farm Bureau Casualty Insurance Co.

12/18/2000

406, 526 S.E.2d 716 and Rule 220(c), SCACR (an appellate court may affirm the trial court's order for any reason appearing in the record on appeal).


Recusal


The Gaskins also contend the trial judge erred in failing to recuse himself due to his relationship with Farm Bureau and with Brant. This issue is not preserved for review on appeal.


The record indicates the judge disclosed his relationships with Farm Bureau and Timothy Brant. However, the Gaskins did not object or move for the judge to recuse himself. The issue is therefore not preserved for appellate review. See Parker v. Shecut, 340 S.C. 460, 531 S.E.2d 546 (Ct. App. 2000) (holding party who failed to move for recusal had not preserved the issue for appellate review).


CONCLUSION


For the foregoing reasons, the judgment of the trial court is reversed as to the dismissal of the causes of action for fraud, negligence, misrepresentation, breach of the implied covenants of good faith and fair dealing, and violation of the South Carolina Unfair Trade Practices Act. We affirm the trial court's dismissal of Gaskins' actions for wrongful adjustment and breach of the covenant of good faith and fair dealing. We accordingly remand the case for further proceedings.


AFFIRMED IN PART, REVERSED IN PART AND REMANDED.


GOOLSBY and CONNOR, JJ., concur.






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