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2011-UP-441 - 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Unpublished Opinion No. 2011-UP-441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.