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Free v. Buff

STATE OF SOUTH CAROLINA In The Court of Appeals
Mar 25, 2015
Appellate Case No. 2013-002138 (S.C. Ct. App. Mar. 25, 2015)

Opinion

Appellate Case No. 2013-002138 Unpublished Opinion No. 2015-UP-162

03-25-2015

Thomas Free, Appellant, v. Natena Buff, Respondent.

H. Wayne Floyd, of Wayne Floyd Law Firm, and Frank Anthony Barton, both of West Columbia, for Appellant. William H. Bowman, III, and Robert P. Wood, both of Rogers Townsend & Thomas, PC, of Columbia, 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 Richland County
G. Thomas Cooper, Jr., Circuit Court Judge

AFFIRMED

H. Wayne Floyd, of Wayne Floyd Law Firm, and Frank Anthony Barton, both of West Columbia, for Appellant.

William H. Bowman, III, and Robert P. Wood, both of Rogers Townsend & Thomas, PC, of Columbia, for Respondent.

PER CURIAM: Thomas Free appeals the trial court's dismissal of his civil action against Natena Buff based on his failure to make valid service on Buff prior to the expiration of the statute of limitations. We affirm pursuant to Rule 220(b),

SCACR, and the following authorities: S.C. Code Ann. § 15-9-370 (2005) (stating that service on the Director of the Department of Motor Vehicles for a nonresident driver includes certified mail and the proof of service must be filed with the court); S.C. Code Ann. § 15-9-380 (2005) (stating if certified mail is returned, then the notice and summons should be sent by open mail and the affidavit of service should be filed with the court); Rule 5(d), SCRCP (stating that proof of service must be filed with the court within ten days of service and that failure to serve may be cause for dismissal of the action by the court); Tiralango v. Balfry, 335 S.C. 359, 361, 517 S.E.2d 430, 431 (1999) (stating statutory tolling provisions are meant to apply when a defendant's name and location are not known).

AFFIRMED.

FEW, C.J., and HUFF and WILLIAMS, JJ., concur.


Summaries of

Free v. Buff

STATE OF SOUTH CAROLINA In The Court of Appeals
Mar 25, 2015
Appellate Case No. 2013-002138 (S.C. Ct. App. Mar. 25, 2015)
Case details for

Free v. Buff

Case Details

Full title:Thomas Free, Appellant, v. Natena Buff, Respondent.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Mar 25, 2015

Citations

Appellate Case No. 2013-002138 (S.C. Ct. App. Mar. 25, 2015)