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2008-UP-195 - The Nutt Corporation v. Road

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

The Nutt Corporation, d/b/a TNC Engineering, Respondents,

v.

Howell Road, LLC, Appellant.


Appeal From Spartanburg County
 J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2008-UP-195
Heard March 4, 2008 – Filed March 20, 2008


AFFIRMED


James A. Blair, III, of Greenville, for Appellant.

Doug Smith, Shane W. Rogers, both of Spartanburg, for Respondent.

PER CURIAM:  The Nutt Corporation, d/b/a TNC Engineering (The Nutt Corporation) filed this action against Howell Road, LLC (Howell).  Howell appeals the trial court’s grant of partial summary judgment to the Nutt Corporation and the denial of Howell’s motion for summary judgment.  We affirm pursuant to Rule 220, SCACR, and the following authorities:  S.C. Code Ann. § 15-3-530(1) (2005) (a breach of contract action must be brought within three years from the date the action accrues); Ballenger v. Bowen, 313 S.C. 476, 476-77, 443 S.E.2d 379, 380 (1994) (holding the denial of summary judgment is not directly appealable).   

AFFIRMED.

ANDERSON, SHORT, and THOMAS, JJ., concur.