Babb v. Shaw

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

Brenda R.  Babb, Appellant,

v.

Susan S. Shaw,
Cynthia S. Hattersley, and Jay Hattersley, Respondents.

Appeal From Georgetown County

Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No.  2011-UP-440

Submitted October 1, 2011 – October 11,
2011

AFFIRMED

Brenda R. Babb, pro se, of Calabash, North
Carolina.

Frank H. Durant, of Myrtle Beach, for
Respondents.

PER CURIAM:  Brenda R. Babb appeals the circuit
court's order dismissing her complaint.  Babb argues the circuit court erred in
granting summary judgment and dismissing the case pursuant to Rules 12(b)(6)
and 12(b)(8), SCRCP.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following
authorities: 

1.  As to whether the dismissal
pursuant to Rule 12(b)(8) was in error: Cricket
Cove Ventures, LLC v. Gilland, 390
S.C. 312, 320, 701 S.E.2d 39, 44 (Ct. App. 2010) ("The appellate court
applies the same standard of review as the circuit court in scrutinizing the
application of Rule 12(b)(8),
SCRCP.  A defendant may seek dismissal of an action pursuant to Rule 12(b)(8) when another action is pending between the
same parties for the same claim." (citation omitted)).   

2.  As to any remaining issues on appeal: Futch
v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518
S.E.2d 591, 598 (1999) (stating an appellate court need not address remaining
issues when a decision on a prior issue is dispositive).

AFFIRMED.

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.

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