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2011-UP-440 - Babb v. Shaw

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.

Susan S. Shaw, Cynthia S. Hattersley, and Jay Hattersley, Respondents.


Appeal From Georgetown County
Larry R. Patterson, Circuit Court Judge


Unpublished Opinion No.  2011-UP-440
Submitted October 1, 2011 – October 11, 2011


AFFIRMED


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

Frank H. Durant, of Myrtle Beach, for Respondents.

PER CURIAM:  Brenda R. Babb appeals the circuit court's order dismissing her complaint.  Babb argues the circuit court erred in granting summary judgment and dismissing the case pursuant to Rules 12(b)(6) and 12(b)(8), SCRCP.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: 

1.  As to whether the dismissal pursuant to Rule 12(b)(8) was in error: Cricket Cove Ventures, LLC v. Gilland, 390 S.C. 312, 320, 701 S.E.2d 39, 44 (Ct. App. 2010) ("The appellate court applies the same standard of review as the circuit court in scrutinizing the application of Rule 12(b)(8), SCRCP.  A defendant may seek dismissal of an action pursuant to Rule 12(b)(8) when another action is pending between the same parties for the same claim." (citation omitted)).   

2.  As to any remaining issues on appeal: Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (stating an appellate court need not address remaining issues when a decision on a prior issue is dispositive).

AFFIRMED.

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


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