Opinion
Unpublished Opinion No. 2011-UP-441
10-11-2011
Brenda R. Babb, pro se, of Calabash, North Carolina. J. Jackson Thomas, of Myrtle Beach, for Respondent.
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.
Appeal From Horry County
J. Michael Baxley, Circuit Court Judge
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 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").
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
SHORT, WILLIAMS, and GEATHERS, JJ., concur.