THE STATE OF SOUTH CAROLINA
In The Supreme Court

Berrien W. Smith, Respondent,

v.

J. Drayton Hastie, Jr., and Everett L. Smith, Jr., Defendants,

of whom J. Drayton Hastie, Jr. is Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Charleston County
Thomas L. Hughston, Jr., Circuit Court Judge

Opinion No. 26545
Heard June 24, 2008 - Re-filed September 8, 2008

DISMISSED AS IMPROVIDENTLY GRANTED

Richard S. Rosen, of Rosen, Rosen and Hagood, of Charleston, for Petitioner.

Thomas A. Pendarvis, of Beaufort, for Respondent.

PER CURIAM: We granted a writ of certiorari to review the Court of Appeals opinion in Smith v. Hastie, 367 S.C. 410, 626 S.E.2d 13 (Ct. App. 2005). We dismiss the writ as improvidently granted.

TOAL, C.J., MOORE, WALLER, PLEICONES, JJ., and Acting Justice Howard P. King, concur.