Patton v. American Lifestyle Homes

• Court: Court of Appeals of South Carolina
• Decided: November 2, 2016
• Docket: 2016-UP-445
• Status: Unpublished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 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

Terry and Suzette Patton, Appellants,

v.

American Lifestyle Homes, LLC, Rufus G. Revis d/b/a American Lifestyle Homes, and Anderson Brothers Concrete, LLC, Marcus Clinkscales a/k/a Marcus Anderson d/b/a Anderson Brothers Concrete, LLC, and Scott Brown, Respondents.

Appellate Case No. 2015-000647

Appeal From Anderson County R. Lawton McIntosh, Circuit Court Judge

Unpublished Opinion No. 2016-UP-445 Submitted September 1, 2016 – Filed November 2, 2016

AFFIRMED

Candy M. Kern-Fuller, of Upstate Law Group, LLC, of Easley, for Appellants.

Geoffrey William Gibbon and Jeanmarie Tankersley, both of McAngus Goudelock & Courie, LLC, of Greenville, for Respondent Scott Brown. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Rule 40(j), SCRCP (providing for the tolling of the statute of limitations for a claim stricken under this subsection if the claim is restored upon motion made within one year of the date stricken); Maxwell v. Genez, 356 S.C. 617, 621, 591 S.E.2d 26, 28 (2003) ("[T]he unambiguous language [of Rule 40(j), SCRCP,] provides that, if the claim is restored within one year after it is stricken, the statute of limitations is tolled for that period."); Bowman v. Richland Mem'l Hosp., 335 S.C. 88, 91, 515 S.E.2d 259, 260 (Ct. App. 1999) ("An order is not final until it is written and entered by the clerk of court."); Upchurch v. Upchurch, 367 S.C. 16, 24, 624 S.E.2d 643, 647 (2006) ("Entry of the order occurs when the clerk of court files the order."), disapproved of on other grounds by Miles v. Miles, 393 S.C. 111, 711 S.E.2d 880 (2011).

AFFIRMED.1

LOCKEMY, C.J., and KONDUROS and MCDONALD, JJ., concur.

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