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Tag Archives: Default

Default do-over (access required)

contract

Not all default judgment situations are the same. But that makes no difference in South Carolina when it comes to applying the doctrine of collateral estoppel to prevent redundant lawsuits, according to the state Court of Appeals.

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Banks & Banking – Contract – Loan — Letter of Credit – Default – Civil Practice – Preliminary Injunction (access required)

Hook Point, LLC v. Branch Banking & Trust Co. Where the plaintiff-borrower had defaulted in several ways on its promissory note to the defendant-bank, the bank was entitled to draw on the borrower’s “last resort” letter of credit. We reverse the trial court’s grant of a preliminary injunction, which barred the bank from drawing on the letter of credit.

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Civil Practice – Jury & Jurors – Banks & Banking – Business Loan – Default — Collateral – Securities Account – Mismanagement – Setoff (access required)

Wachovia Bank National Association v. Beane The trial court’s charge and verdict form gave the jury two options: award the defendant-borrowers damages in a specific amount for the plaintiff-bank’s alleged mismanagement of defendants’ securities account (which served as collateral for the loan on which they defaulted) or find no liability and return a verdict for the bank.

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Civil Practice – Service of Process – Certified Mail – Authorized Agent – Default – Discovery (access required)

Graham Law Firm, P.A. v. Makawi Plaintiff served process on defendants by certified mail. Before the trial court ruled that unauthorized agents had signed for the summonses and complaints, the court should have allowed plaintiff to conduct discovery on the signers’ authority to accept service for defendants. We reverse and remand the trial court’s order granting defendants’ motion to set aside default judgment.

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Insurance – Civil Practice – Service of Process – Department of Insurance – Default (access required)

White Oak Manor, Inc. v. Lexington Insurance Co. S.C. Code Ann. § 15-9-270 requires that an action against an insurance company be served upon the Director of the Department of Insurance. As there are purposes behind this requirement aside from notice to the insurer that a lawsuit has been filed against it, the defendant-insurer could not waive such service via the “service of suit” clause in the parties’ insurance policy.

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Civil Practice – Subject-Matter Jurisdiction – Removal to Federal Court – Remand – Clerk’s Notice – Default – Tort/Negligence – Punitive Damages (access required)

Limehouse v. Hulsey. Even though the notice of remand sent by the federal court clerk to the state court was not certified, since the federal court had ordered that the case be remanded to state . . .

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