Free v. Buff ( 2015 )

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
Thomas Free, Appellant,
v.
Natena Buff, Respondent.
Appellate Case No. 2013-002138
Appeal From Richland County
G. Thomas Cooper, Jr., Circuit Court Judge
Unpublished Opinion No. 2015-UP-162
Heard March 12, 2015 – Filed March 25, 2015
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.