Susan Koutsogiannis v. George Koutsogiannis
CourtCourt of Appeals of South Carolina
Date FiledOctober 21, 2026
Docket2023-000996
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
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
Susan Koutsogiannis, Respondent,
v.
George Petros Koutsogiannis, Appellant.
Appellate Case No. 2023-000996
Appeal From Spartanburg County
M. Todd Thigpen, Family Court Judge
Unpublished Opinion No. 2026-UP-459
Submitted September 1, 2026 – Filed October 21, 2026
AFFIRMED
Scarlet Bell Moore, of Greenville, for Appellant.
N. Douglas Brannon, of Kennedy & Brannon, P.A., of
Spartanburg, for Respondent.
PER CURIAM: This appeal arises from a divorce decree following a trial.
Appellant George Koutsogiannis (Husband) argues the family court lacked subject
matter jurisdiction to issue a pretrial order providing that Husband would be
prohibited from submitting evidence as to the valuation of marital property if he did
not cooperate with securing appraisals and attend mediation. Husband also argues
the family court erred in its valuation of the marital property. We affirm.
FACTS
Respondent Susan Koutsogiannis (Wife) filed for divorce from Husband on
September 24, 2021, requesting equitable division of the marital estate. Husband
answered and counterclaimed, seeking divorce on the ground of adultery, equitable
division of the marital estate, and an award of attorney fees and costs for defending
against Wife's action.
On November 1, 2022, the family court dismissed the case without prejudice
because the parties did not request a final hearing within the 365-day benchmark
imposed by the Supreme Court's family court benchmark administrative order. See
RE: Family Court Benchmark, S.C. Sup. Ct. Order dated July 24, 2020.
On December 5, 2022, Wife's attorney sent a letter to the family court
explaining that Husband had relieved his trial counsel and refused to attend a
mediation that was scheduled before the case was ultimately dismissed. The letter
further explained that mediation was rescheduled for February 6, 2023, and
requested that the family court reinstate the case. The family court did so on January
12, 2023, and additionally granted an extension to schedule a final hearing to March
1, 2023.
Although there is no transcript for it in the record, the family court held a
hearing on January 11, 2023, about reinstating the case. According to the family
court's ensuing order—which was filed on March 23, 2023—Wife was present at the
hearing along with her attorney, and Husband's new attorney was present, but
Husband himself was not. This March 23 order stated that Husband's new attorney
informed the court that he had been retained the day before the hearing and "believed
that he could get [Husband] to cooperate in this matter." He also assured the family
court that Husband was aware of the hearing, but he did not know why Husband
failed to appear.
The March 23 order also required Husband to cooperate in allowing the
marital property to be appraised and to attend mediation. It also set the matter for a
one-day trial on April 5, 2023, stated that no continuances would be granted for
discovery purposes, and ordered:
If [Husband] continues to refuse to cooperate with
appraising real properties and/or refuses to attend
[m]ediation in this matter, [Husband] shall be precluded
from introducing any evidence regarding the value of
marital property. [Wife] may affix her own stated values
for marital property, both personal and real[,] and those
values shall be accepted by the [c]ourt.
Husband did not attend the mediation scheduled for February 6, 2023. At
trial, Wife presented valuations of the marital property. Husband's attorney objected
to the valuations of property because the valuations were based on recent values
rather than the property's value when the parties filed for divorce. In response,
Wife's attorney brought up the family court's pretrial order, and the family court read
the above-quoted paragraph from the bench. Husband's attorney simply replied,
"Understood." Wife's attorney then pointed out that Husband did not appear for
mediation. Shortly thereafter, when Wife's attorney attempted to move her appraisal
of one of the properties into evidence, Husband's attorney objected, arguing that the
appraisal "was made not as of the date of filing or it's not set for the value for that
date," further noting that real estate prices after the action commenced had "gone
crazy." The family court again mentioned the pretrial order and admitted the
appraisal while noting Husband's objection.
The family court ultimately entered a divorce decree granting Husband a
divorce on the ground of adultery and dividing the property between Husband and
Wife. It further ordered Husband to pay $5,000 for the costs of appraisals and denied
both parties' requests for attorney fees. Husband filed a motion to reconsider
wherein he assigned numerous errors to the family court's analysis on the equitable
division issues. He also argued the court erred by determining he was uncooperative
with discovery and mediation and argued the "sanction" of prohibiting him from
introducing his own evidence as to the valuation of the property subject to division
was unsupported by the evidence and extreme. The family court denied the motion.
This appeal followed.
ISSUES ON APPEAL
I. Whether the family court erred by barring Husband from presenting evidence
regarding the valuation of the properties subject to equitable division when the
pretrial order prescribing this penalty was entered without subject matter
jurisdiction and thirteen days before the trial.
II. Whether the family court erred in its identification of and assignment of value
to the marital property.
III. Whether the family court erred by denying Husband's request for an award of
attorney fees and costs and requiring Husband to pay the entirety of the costs
for the property appraisals.
STANDARD OF REVIEW
Appellate courts review the findings of fact and conclusions of law of the
family court de novo. See Stoney v. Stoney, 422 S.C. 593, 596, 813 S.E.2d 486, 486–
87 (2018) (per curiam). Evidentiary or procedural rulings by the family court are
reviewed using an abuse of discretion standard. Id. at 594 n.2, 813 S.E.2d at 486
n.2.
LAW AND ANALYSIS
I. Pretrial Order
A. Subject Matter Jurisdiction
Husband argues that the family court lacked subject matter jurisdiction when
it issued the pretrial order regarding Husband's ability to introduce evidence
concerning the valuation of the property subject to equitable division. Husband
points out that this case was still dismissed without prejudice on January 11 when
the family court held the hearing culminating in the pretrial order. To Husband, this
raises a subject matter jurisdiction issue. Husband correctly points out that questions
of subject matter jurisdiction can be raised at any time, even for the first time on
appeal. See McCain v. Brightharp, 399 S.C. 240, 247, 730 S.E.2d 916, 919 (Ct.
App. 2012) (per curiam). 1
We hold that the family court had subject matter jurisdiction. "Subject matter
jurisdiction is 'the power to hear and determine cases of the general class to which
the proceedings in question belong.'" Dove v. Gold Kist, Inc., 314 S.C. 235, 237–38,
442 S.E.2d 598, 600 (1994) (quoting Bank of Babylon v. Quirk, 472 A.2d 21, 22
1
On the other hand, questions of jurisdiction other than subject matter jurisdiction
are subject to issue preservation requirements. See Brown v. Brown, 392 S.C. 615,
621 n.1, 709 S.E.2d 679, 683 n.1 (Ct. App. 2011) (per curiam) (finding that the
argument on appeal "concern[ed] jurisdiction, generally, which is bound by
preservation rules, and not subject matter jurisdiction, which may be raised at any
time"). Husband did not preserve any attack on the family court's jurisdiction.
(Conn. 1984)). "The jurisdiction of a court over the subject matter of a proceeding
is determined by the Constitution, the laws of the state, and is fundamental."
Anderson v. Anderson, 299 S.C. 110, 115, 382 S.E.2d 897, 900 (1989). Divorce and
equitable division of marital property cases are, as a general class, exclusively within
the power of the family court to adjudicate. See S.C. Code Ann. § 63-3-530(A)(2)
(2010) (providing the family court has exclusive jurisdiction to hear and determine
actions for divorce and settlement of all equitable rights of the parties, including for
the real and personal property of the marriage). Consequently, we affirm as to this
issue.
B. Timing of the Pretrial Order and Severity of the Sanction
Husband characterizes the family court's refusal to allow him to introduce
evidence about the valuation of the marital property as a sanction. Husband argues
that even if the family court had subject matter jurisdiction when it issued the pretrial
order, the pretrial order was invalid because no factual findings were made to support
the sanction it imposed. Husband also argues the pretrial order’s requirement that
he attend mediation or suffer a sanction cannot fairly be enforced because the order
was not entered until over a month after the mediation already occurred.
Regardless of any merit these arguments may have, they were not made to the
family court. During the trial, Husband's counsel commenced no meaningful attack
on the family court's pretrial order whatsoever; rather, when the family court
clarified its understanding of the order, Husband's counsel simply replied,
"Understood." Thus, these arguments are not preserved.2 See Foster v. Foster, 393
S.C. 95, 99, 711 S.E.2d 878, 880 (2011) ("In order to preserve an issue for appellate
review, a party must both raise that issue to the trial court and obtain a ruling.").
II. Property Valuations
Husband's brief on appeal notes simply that he filed a motion to reconsider
below and claims these points "are incorporated into th[e] brief." The brief then lists
2
Husband's argument that the sanction was not supported by the circumstances was
raised to the family court in his motion for reconsideration, but issue preservation
rules generally prohibit a party from raising an issue for the first time in a motion
for reconsideration. See Kosciusko v. Parham, 428 S.C. 481, 507, 836 S.E.2d 362,
376 (Ct. App. 2019) (holding an issue was unpreserved when the appellant raised
his argument to the family court for the first time in a motion for reconsideration).
each real property that the family court addressed and lists a variety of conclusory
arguments for each. The entire section cites just one case and even then, only once.3
Reviewing the motion to reconsider that Husband purports to incorporate by
reference, there is not a single citation to any authority. Consequently, these
arguments are all abandoned. See R & G Constr., Inc. v. Lowcountry Reg'l Transp.
Auth., 343 S.C. 424, 437, 540 S.E.2d 113, 120 (Ct. App. 2000) ("An issue is deemed
abandoned if the argument in the brief is only conclusory."); see also Atl. Coast
Builders & Contractors, LLC v. Lewis, 398 S.C. 323, 327 n.1, 730 S.E.2d 282, 284
n.1 (2012) (providing that when an appellant's "argument in her brief is purely a
recitation of facts, devoid of any citation to legal authority, with [only a] summary
conclusion," the argument has been abandoned).
III. Attorney Fees and Costs
Husband argues the family court erred by ordering him to reimburse Wife for
the cost of the appraisals and by refusing to grant him attorney fees. Husband's only
argument on this point, however, is that "the justification is based on the pretrial
order" that Husband's first argument attacks. Husband makes no other arguments.
Thus, Husband has tethered the success of this argument to the success of his attack
on the pretrial order. Because we reject that argument, we likewise reject this one.4
CONCLUSION
For these reasons, the order of the family court is
3
The brief cites Buist v. Buist, 399 S.C. 110, 730 S.E.2d 879 (Ct. App. 2012), aff'd
as modified, 410 S.C. 569, 766 S.E.2d 381 (2014). Although Buist discussed
equitable division, the error its analysis addressed was that "[t]he family court did
not identify all the parties' marital property[] but instead selectively divided certain
real and personal property without determining the fair market value of all the
property." 399 S.C. at 118, 730 S.E.2d at 883. Thus, we are unable to find any
support for Husband's argument in Buist.
4
Husband also argues that the family court erred by failing to consider the parties'
life insurance policy. This argument was never raised to the family court and is
consequently not preserved for appellate review. See Foster, 393 S.C. at 99, 711
S.E.2d at 880 ("In order to preserve an issue for appellate review, a party must both
raise that issue to the trial court and obtain a ruling.").
AFFIRMED.5
GEATHERS, HEWITT, and VINSON, JJ, concur.
5
We decide this case without oral argument pursuant to Rule 215, SCACR.