THE STATE OF SOUTH CAROLINA
In The Supreme Court

Robert S. Brannon and Kimberly C. Brannon, Petitioners,

v.

The Palmetto Bank and Howard Barnard, Defendants,

Of whom The Palmetto Bank is the Respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Greenville County
John C. Few, Circuit Court Judge

Opinion No. 26576
Heard December 3, 2008 - Filed January 5, 2009

DISMISSED AS IMPROVIDENTLY GRANTED

H. Michael Spivey and Melissa D. Spivey, of Mauldin, for Petitioners.

F. Marion Hughes and Seann Gray Tzouvelekas, of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent.

PER CURIAM: We granted a writ of certiorari to review the Court of Appeals decision in Brannon v. Palmetto Bank, 371 S.C. 357, 638 S.E.2d 105 (Ct. App. 2006). After careful consideration of the record and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., WALLER, PLEICONES, KITTREDGE, JJ., and Acting Justice James E. Moore, concur.