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Backman v. Medical University of South Carolina2/4/2005
Submitted February 1, 2005
AFFIRMED
Appellant Sammy L. Backman filed this medical malpractice action in April 1990. By consent order dated December 5, 1990, the parties agreed that the action was "ended and discontinued in accordance with Rule 40(c)(3) of the South Carolina Rules of Civil Procedure with leave for Plaintiff's counsel to bring a new action or actions within thirty (30) days from the date of the hearing held on December 3, 1990." In 1995, Rule 40(c)(3) was replaced by Rule 40(j). Backman filed a motion to restore in November 2001. The circuit court denied the motion to restore, and Backman appeals. We affirm pursuant to Rule 220, SCACR, and the following authority: Graham v. Dorchester County Sch. Dist., 339 S.C. 121, 528 S.E.2d 80 (Ct. App. 2000).
AFFIRMED.
HEARN, C.J., KITTREDGE and WILLIAMS, JJ., concur.
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