Tag Archives: Default Judgment

Civil Practice – Service of Process – By Publication – Default Judgment – Motion to Vacate – Forfeiture (access required)

State ex rel. Ariail v. $88,148.45 In this civil forfeiture action, defendant Magruder was served by publication, and a default judgment was entered against her. Even though an assistant solicitor in the civil division apparently did not inquire of her fellow assistant solicitor -- who was handling the criminal cases against Magruder -- as to Magruder’s whereabouts, Magruder has failed to establish that the civil division assistant solicitor made false or fraudulent statements when she said in an affidavit that she had “exhausted all known avenues to locate” Magruder.

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Civil Practice – Default Judgment – Tort/Negligence – Auto Accident – Damages (access required)

Wilder v. Blue Ribbon Taxicab Corp. Where (1) more than a year elapsed between the time defendant was served with the summons and complaint and when it moved for relief from entry of default, (2) defendant acknowledged that it had no meritorious defense to liability, and (3) plaintiff showed she would be prejudiced if the matter were further delayed while defendant conducted discovery on issues not in dispute — like liability — then the trial court did not abuse its discretion when it found that defendant did not show good cause sufficient to relieve it from entry of default.

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Company fails in bid to have default judgment set aside (access required)

The S.C. Supreme Court has upheld the rejection of a company’s effort to set aside a judgment because the company failed to present what the court called “a meritorious defense” when it intervened in a case in 2005. The company, New Prime, Inc., intervened in a lawsuit brought by Ann and Steve McClurg against New Prime employee Harrell Wayne Deaton. Deaton was driving New Prime’s truck when he allegedly caused an accident in 2002 that injured Ann McClurg. Deaton never responded to the McClurgs’ lawsuit. Faced with possibly having to pay an $800,000 default judgment the McClurgs won in the suit, New Prime moved to set aside the judgment. The company argued that it was never informed of the lawsuit by the McClurgs’ lawyer, Don Moorhead (pictured) of Greenville, and didn’t find out about it until after the judgment had been entered against Deaton. Greenville County Circuit Court Judge Edward W. Miller allowed New Prime to intervene in the case, but he denied New Prime’s motion to set aside the default judgment because it failed to raise a meritorious defense.

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Civil Practice – Attorneys – Withdrawal — Default Judgment – Motion to Set Aside (access required)

ITC Commercial Funding, LLC v. Crerar In two letters to appellant, Georgia attorney John West explained that he was not authorized to practice law in South Carolina and that appellant needed to find new counsel. Even if West did not comply with Rule 1.2(c) of the Rules of Professional Conduct, the trial court was not required to consider the RPC in determining whether West acted with reasonable care. The trial court did not abuse its discretion in determining that West’s letter sufficiently limited his representation of appellant. We affirm the trial court’s refusal to set aside a default judgment against appellant.

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Real Property – Res Judicata – Mortgage Lien Priority – Default Judgment – Foreclosure – Rule 13(a) – Equity Line (access required)

Countrywide Home Loans, Inc. v. Umbarger. (Lawyers Weekly No. 010-007-11, 4 pp.) (Per curiam) Appealed from Lexington County. (Clyde N. Davis, Special Referee). S.C. S. Ct. Unpub. Click here for the full text of the opinion. Holding: Although the holder ...

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