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Default Judgment

Oct 24, 2016

Civil Practice – Foreign Judgments – Default Judgment – Motion to Dismiss – Bahamian Boat Rental

Bluewave Boat Rentals Ltd. v. Collins (Lawyers Weekly No. 002-199-16, 8 pp.) (David Norton, J.) 2:16-cv-01043; D.S.C. Holding: Prior authority on how South Carolina courts should enforce foreign judgments arises from trials on the merits. While there are not enough decisions to irrefutably conclude how this court should enforce a Bahamian court’s default judgment, there […]

Sep 19, 2012

Civil Practice – Service of Process – By Publication – Default Judgment – Motion to Vacate – Forfeiture

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[...]

Nov 11, 2011

Civil Practice – Default Judgment – Tort/Negligence – Auto Accident – Damages

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 [...]

Sep 9, 2011

Company fails in bid to have default judgment set aside

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 [...]

Sep 8, 2011

Civil Practice – Rule 60 – Motion to Set Aside – Default Judgment – Meritorious Defense

McClurg v. Deaton The circuit court’s denial of a motion to set aside a default judgment under Rule 60(b) SCRCP was proper where a defendant-employer who intervened in a case against one of its employees failed to raise a meritorious defense in its motion.

Jun 21, 2011

Civil Practice – Attorneys – Withdrawal — Default Judgment – Motion to Set Aside

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 reas[...]

Jan 12, 2011

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

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 (Countrywide) of the second mortgage on defendants’ property filed its foreclosure action first, it allowed […]

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