Babb v. Graham

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.

Carey E. Graham,
Southbridge Cable Television, LLC, and Cable Plus of Carolina, Inc., Defendants,

Of whom Carey
E. Graham is the Respondent.

Appeal From Horry County

 J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2011-UP-441

Submitted October 1, 2011 – Filed October
11, 2011

AFFIRMED

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

J. Jackson Thomas, of Myrtle Beach, for
Respondent.

PER CURIAM:  Brenda R. Babb appeals the circuit
court's order granting summary judgment on her breach of contract cause of
action based on the statute of limitations.   Babb contends the statute of
limitations had not run because her cause of action related back to the date of
her original complaint pursuant to Rule 15(c), SCRCP.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following
authorities: S.C. Code Ann. § 15-3-530 (2005) (providing a party must
commence "an action upon a contract" within three years); Rule 15(c),
SCRCP (providing that an amendment of pleadings relates back to the date of the
original pleading only "[w]henever the claim or defense asserted in the
amended pleading arose out of the conduct, transaction or occurrence set forth
or attempted to be set forth in the original pleadings").  

AFFIRMED.

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

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