Griggs v. Ashley Towne Village

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

Charles Griggs, Appellant,

v.

Ashley Towne
Village Horizontal Property Owners Assoc., Respondent.

Appeal From Charleston County

 J.C. Nicholson, Jr., Circuit Court Judge

Unpublished Opinion No. 2011-UP-565

Submitted December 1, 2011 – Filed
December 20, 2011

AFFIRMED

Charles Griggs, pro se, of Acworth, Georgia.

Derek F. Dean, of Charleston, for Respondent.

PER CURIAM:  Charles Griggs appeals the circuit
court's order dismissing his appeal from the magistrate's court.  He argues the
circuit court erred in finding his service of the notice of intention to appeal
was untimely.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 220(c),
SCACR ("The appellate court may affirm any ruling, order, decision or
judgment upon any ground(s) appearing in the Record on Appeal."); Rule 74,
SCRCP ("[T]he notice of intention to appeal shall be filed . . . with the
[magistrate] within the time provided by the statute . . . .").[2]

AFFIRMED.

HUFF,
PIEPER, and LOCKEMY, JJ., concur.

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

[2] Because we find this issue dispositive, we decline to
address any remaining issues.  See Futch v.
McAllister Towing of Georgetown, Inc., 335
S.C. 598, 613, 518 S.E.2d 591, 598 (1999).