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

Sharon Brown, Appellant,

v.

Cherokee County School District One, Respondent.

Appeal From Cherokee County
J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2011-UP-048
Submitted January 4, 2011 – Filed February 4, 2011   

REVERSED AND REMANDED

Fletcher N. Smith, Jr., of Greenville, for Appellant.

David T. Duff, of Columbia, for Respondent.

PER CURIAM: Sharon Brown appeals the circuit court's order granting Cherokee County School District's (the District's) motion for summary judgment.  The circuit court granted the District's motion, finding all of Brown's causes of action were barred by the doctrine of res judicata.  We reverse and remand.[1]

In light of our decision in Brown v. James, 389 S.C. 41, 697 S.E.2d 604 (Ct. App. 2010), Brown's present action is not barred by the doctrine of res judicata because a final judgment on the merits does not exist.  See McEachern v. Black, 329 S.C. 642, 651, 496 S.E.2d 659, 663 (Ct. App. 1998) ("The doctrine requires three essential elements: (1) the judgment must be final, valid and on the merits; (2) the parties in the subsequent action must be identical to those in the first; and (3) the second action must involve matter properly included in the first action."); Id. (stating "we need not address the other two elements" of res judicata after a determination the first element was not met). 

REVERSED AND REMANDED.

THOMAS, PIEPER, and GEATHERS, JJ., concur. 

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