Opinion
Unpublished Opinion No. 2011-UP-440
10-11-2011
Brenda R. Babb, Appellant, v. Susan S. Shaw, Cynthia S. Hattersley, and Jay Hattersley, Respondents.
Brenda R. Babb, pro se, of Calabash, North Carolina. Frank H. Durant, of Myrtle Beach, for Respondents.
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 Georgetown County
Larry R. Patterson, Circuit Court Judge
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 pursuant to Rule 220(b)(1), SCACR, and the following authorities:
We decide this case without oral argument pursuant to Rule 215, SCACR.
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.