Poston v. Davis

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Nelson Poston, Appellant,

v.

Michael W. Davis, Respondent.

Appeal From Beaufort County
Marvin H. Dukes, III, Master-in-Equity

Unpublished Opinion No.  2009-UP-154
Submitted March 2, 2009 Filed March 30, 2009

AFFIRMED

Stephen F. DeAntonio, of Charleston, for Appellant.

Davis H. Smith, II, of Rincon, Georgia, for Respondent.

PER CURIAM:  Nelson Poston appeals the trial court's denial of his motion to dismiss/motion for summary judgment. Poston argues he was not required to respond to Michael Davis's complaint because it was not properly commenced within the three-year statute of limitations.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authority:  Unisun Ins. v. Hawkins, 342 S.C. 537, 541-43, 537 S.E.2d 559, 561-62 (Ct. App. 2000) (holding the defenses of insufficiency of service of process and statute of limitations are affirmative defenses which are waived if not properly plead in the responsive pleading).

AFFIRMED.[1]

HEARN, C.J., PIEPER and LOCKEMY, concur.

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