Patton v. American Lifestyle Homes

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Unpublished Opinion No. 2016-UP-445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.