Ex Parte: Fleming

• Court: Court of Appeals of South Carolina
• Decided: February 11, 2009
• Docket: 2009-UP-080
• Status: Unpublished

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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Ex Parte: Ronald N. Fleming and Rhonda B. Fleming, Appellant,

In Re: W. Michael Bailey, Respondent,

v.

James R. "Rusty" Hollifield, d/b/a Renaissance Builders, Defendant.

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Appeal From Spartanburg County
 J. Mark Hayes II, Circuit Court Judge

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Unpublished Opinion No.   2009-UP-080
Submitted February 2, 2009 – Filed February 11, 2009

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AFFIRMED

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M. Allen Peace and Donald W. Tyler, Jr., of Columbia, for Appellant.

Gary L. Compton, of Spartanburg, for Respondent.

PER CURIAM: Ron and Rhonda Fleming appeal the of trial court's failure to dismiss W. Michael Bailey's action against Renaissance Builders, arguing they are a necessary party under Rule 19, SCRCP.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Rule 201(b), SCACR ("Only a party aggrieved by an order, judgment, sentence or decision may appeal."); Condon v. State, 354 S.C. 634, 640, 583 S.E.2d 430, 433 (2003) (dismissing an appeal by the attorney general under Rule 201(b), SCACR, because he was not a party to the case and failed to seek to intervene).  

Affirmed.

Huff, Williams, and Konduros, JJ., concur.

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