Free Newsletter
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 […]
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[...]
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 [...]
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 [...]
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.
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[...]
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 […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
