THE STATE OF SOUTH CAROLINA
In The Supreme Court

Gregory Tillotson, Respondent,

v.

Keith Smith Builders, Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Greenville County
Charles B. Simmons, Jr., Circuit Court Judge

Opinion No. 26060
Heard October 6, 2005 - Filed November 7, 2005

DISMISSED AS IMPROVIDENTLY GRANTED

James W. Logan, Jr., of Logan, Jolly & Smith, LLP, of Anderson, for Petitioner.

Kenneth C. Porter, of Porter & Rosenfeld, of Greenville, for Respondent.

Jack D. Griffeth, of Love, Thornton, Arnold & Thomason, of Greenville, for Amicus Curiae.

PER CURIAM: We granted a writ of certiorari to review the Court of Appeals opinion in Tillotson v. Keith Smith Builders, 357 S.C. 554, 593 S.E.2d 621 (Ct. App. 2004). We dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.