Ex Parte: Fleming

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.

Appeal From Spartanburg County

 J. Mark Hayes II, Circuit Court Judge

Unpublished Opinion No.   2009-UP-080

Submitted February 2, 2009 – Filed
February 11, 2009

AFFIRMED

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.

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