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2009-UP-066 - Driggers v. First Federal

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

Darrell G. Driggers, d/b/a Darrell's Auto & Truck Sales Inc., and Darrell's Auto & Truck Sales Inc., Appellant,

v.

Professional Financial Services Corporation, William Woods, individually and d/b/a Woods Auto Racing, First Federal Savings & Loan Association, Marie Metts and Robert Chase; of whom First Federal Savings & Loan Association is the Respondent.


Appeal From Charleston County
 J. Cordell Maddox, Circuit Court Judge


Unpublished Opinion No.   2009-UP-066
Submitted February 2, 2009 – Filed February 9, 2009


AFFIRMED


Mark W. McKnight, of Charleston, for Appellant.

Samuel A. Altman, of Charleston, for Respondent.

PER CURIAM: Darrell Driggers appeals a grant of summary judgment in favor of First Federal Savings and Loan Association.  Driggers argues the trial court's grant of summary judgment was improper because he lacked notice of facts and circumstances indicating a claim existed.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:  S.C. Code Ann. § 15-3-530(5) (2005) (providing a three year statute of limitations for "any injury to the person or rights of another, not arising on contract and not enumerated by law");  S.C. Code Ann. § 15-3-535 (2005) (stating the limitations period under section 15-3-530(5) begins to run when the claimant "knew or by the exercise of reasonable diligence should have known that he had a cause of action").

AFFIRMED.

Huff, Williams, and Konduros, JJ., concur.


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