Hensley v. Giles Homes, LLC

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

James E. Hensley, Appellant,

v.

Giles Homes, LLC f/k/a Giles Industries of Tazewell,
Inc., Respondent.

Appellate Case No. 2017-000618

Appeal From Orangeburg County
R. Knox McMahon, Circuit Court Judge,

Unpublished Opinion No. 2018-UP-291
Submitted June 1, 2018 – Filed June 27, 2018

AFFIRMED

Lawrence Keitt, of Law Office of Lawrence Keitt, of
Orangeburg, for Appellant.

Kimila Lynn Wooten, of Elmore Goldsmith, PA, of
Greenville, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Rule 56(c), SCRCP ("[Summary] judgment . . . shall be rendered
forthwith if the pleadings, depositions, answers to interrogatories, and admissions
on file, together with the affidavits, if any, show that there is no genuine issue as to
any material fact and that the moving party is entitled to a judgment as a matter of
law."); Bovain v. Canal Ins., 383 S.C. 100, 105, 678 S.E.2d 422, 424 (2009) ("An
appellate court reviews the granting of summary judgment under the same standard
applied by the trial court under Rule 56(c), SCRCP."); Baughman v. Am. Tel. &
Tel. Co., 306 S.C. 101, 115, 410 S.E.2d 537, 545 (1991) ("Under Rule 56(c), the
party seeking summary judgment has the initial responsibility of demonstrating the
absence of a genuine issue of material fact."); Singleton v. Sherer, 377 S.C. 185,
197-98, 659 S.E.2d 196, 203 (Ct. App. 2008) ("Once the party moving for
summary judgment meets the initial burden of showing an absence of evidentiary
support for the opponent's case, the opponent cannot simply rest on mere
allegations or denials contained in the pleadings."); id. at 198, 659 S.E.2d at 203
("The nonmoving party must come forward with specific facts showing there is a
genuine issue for trial."); S.C. Code Ann. § 15-3-640 (Supp. 2017) ("No actions to
recover damages based upon or arising out of the defective or unsafe condition of
an improvement to real property may be brought more than eight years after
substantial completion of the improvement."); Langley v. Pierce, 313 S.C. 401,
404, 438 S.E.2d 242, 243 (1993) ("A statute of repose creates a substantive right in
those protected to be free from liability after a legislatively-determined period of
time." (quoting First United Methodist Church of Hyattsville v. U.S. Gypsum Co.,
882 F.2d 862, 866 (4th Cir. 1989))).

AFFIRMED.1

HUFF, GEATHERS, and MCDONALD, JJ., concur.

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