James v. Oconee County

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
Randolph M. James, P.C., a North Carolina Professional
Corporation, Appellant,
v.
Oconee County, South Carolina, a political subdivision
of the State of South Carolina, d/b/a Oconee County
Regional Airport (KCEU), Respondent.
Appellate Case No. 2013-001295
Appeal From Oconee County
R. Lawton McIntosh, Circuit Court Judge
Unpublished Opinion No. 2015-UP-057
Heard January 6, 2015 – Filed February 4, 2015
AFFIRMED
Tracy Lynn Eggleston, of Cozen O'Connor, of Charlotte,
NC, for Appellant.
Michael B.T. Wilkes and Charles Daniel Atkinson, both
of Wilkes Law Firm, PA, of Spartanburg, for
Respondent.
PER CURIAM: Randolph James appeals the trial court's dismissal of his tort
action against Oconee County based on failure to make valid service on the County
prior to the expiration of the statute of limitations. We affirm pursuant to Rule
220(b), SCACR, and the following authorities: Rule 4(d)(6), SCRCP (stating
process must be served on a county by delivery of summons and complaint to the
chief executive officer or the clerk); Moore v. Simpson, 322 S.C. 518, 523-24, 473
S.E.2d 64, 67 (Ct. App. 1996) (stating without special authorization to receive
process, service is not effective when made on an employee); South Carolina Code
Ann. § 15-3-20(b) (2005) (stating a civil action is commenced when the summons
and complaint are filed if actual service is completed by one hundred twenty days
after filing).
AFFIRMED.
HUFF, SHORT, and KONDUROS, JJ., concur.