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· 8/17/2009

Sundown Operating Co. v. Intedge Industries, Inc.

Citations

  • 681 S.E.2d 885
  • 383 S.C. 601
  • 2009 S.C. LEXIS 362

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding “the law is clear that an attorney or insurance company’s misconduct is imputable to the client”
  • holding a court need only consider the Wham factors “[o]nce a party has put forth a satisfactory explanation for the default”
  • holding the decision whether to set aside an entry of default or a default judgment will not be disturbed on appeal absent a clear showing of an abuse of discretion
  • explaining a Rule 60(b) motion is only appropriate after a default judgment has been entered
  • holding the decision to set aside an entry of default or a default judgment lies solely within the sound discretion of the trial court, and the decision will not be disturbed on appeal absent a clear showing of an abuse of discretion
  • noting an abuse of discretion occurs when the trial court's order is controlled by an error of law or when no evidence supports the trial court's factual conclusions

Source: CourtListener parenthetical corpus (CC0).

Judges: Toal, Waller, Pleicones, McMahon, Burnett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.