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2011-UP-565 - Griggs v. Ashley Towne Village

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

Charles Griggs, Appellant,

v.

Ashley Towne Village Horizontal Property Owners Assoc., Respondent.


Appeal From Charleston County
 J.C. Nicholson, Jr., Circuit Court Judge


Unpublished Opinion No. 2011-UP-565
Submitted December 1, 2011 – Filed December 20, 2011


AFFIRMED


Charles Griggs, pro se, of Acworth, Georgia.

Derek F. Dean, of Charleston, for Respondent.

PER CURIAM:  Charles Griggs appeals the circuit court's order dismissing his appeal from the magistrate's court.  He argues the circuit court erred in finding his service of the notice of intention to appeal was untimely.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 220(c), SCACR ("The appellate court may affirm any ruling, order, decision or judgment upon any ground(s) appearing in the Record on Appeal."); Rule 74, SCRCP ("[T]he notice of intention to appeal shall be filed . . . with the [magistrate] within the time provided by the statute . . . .").[2]

AFFIRMED.

HUFF, PIEPER, and LOCKEMY, JJ., concur.


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

[2] Because we find this issue dispositive, we decline to address any remaining issues.  See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999).