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 Supreme Court Mario Escalante, Petitioner, v. David L. Rodgers and Janice W. Rodgers, d/b/a Whitehall Express Mart, Respondents.

Appellate Case No. 2020-000689

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal from Anderson County R. Lawton McIntosh, Circuit Court Judge

Opinion No. 2021-MO-008 Heard May 5, 2021 – Filed May 12, 2021

CERTIORARI DISMISSED AS IMPROVIDENTLY GRANTED

Donald Loren Smith, of Attorney Office of Donald Smith, of Anderson, for Petitioner.

Phillip E. Reeves and Nicholas Andrew Farr, both of Gallivan, White & Boyd, PA, of Greenville, for Respondents.

PER CURIAM: We issued a writ of certiorari to review the court of appeals' decision in Escalante v. Rodgers, Op. No. 2020-UP-021 (S.C. Ct. App. filed Jan. 29, 2020). We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

BEATTY, C.J., KITTREDGE, HEARN, FEW, and JAMES, JJ., concur.