Court of Appeals of South Carolina, 2012

Cantrell v. Aiken County

Cantrell v. Aiken County
Court of Appeals of South Carolina · Decided December 19, 2012

Cantrell v. Aiken County

Opinion

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 Carlton E. Cantrell, Appellant, v. Aiken County; Aiken County Animal Control Director, Shirley Hardin; Aiken County Animal Control Officer, Bobby Arthurs; and Judge Charles T. Carter, Respondents.

Appellate Case No. 2011-200486

Appeal From Aiken County Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2012-UP-662 Submitted November 1, 2012 – Filed December 19, 2012

AFFIRMED

Carlton E. Cantrell, of Aiken, pro se.

William H. Davidson, II, and Daniel C. Plyler, of Davidson & Lindemann, PA, of Columbia, for Respondents.

PER CURIAM: Carlton Cantrell appeals the trial court's order granting a motion to dismiss in favor of Aiken County; Aiken County Animal Control Director, Shirley Hardin; Aiken County Animal Control Officer, Bobby Arthurs; and Judge Charles T. Carter. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. § 15-78-110 (2005) ("[A]ny action brought pursuant to [the Tort Claims Act] is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered. . . ."); Flateau v. Harrelson, 355 S.C. 197, 203, 584 S.E.2d 413, 416 (Ct. App. 2003) ("According to the [Tort Claims] Act, '[n]otwithstanding any provision of law . . . [the Tort Claims Act] is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of the employee's official duty.'" (quoting S.C. Code Ann. § 15-78-20(b) (2005))); State v. Howard, 384 S.C. 212, 217, 682 S.E.2d 42, 45 (Ct. App. 2009) ("An issue is deemed abandoned and will not be considered on appeal if the argument is raised in a brief but not supported by authority.").

AFFIRMED.1 SHORT, KONDUROS, and LOCKEMY, JJ., concur.

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

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