· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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