Thermal Insulation Co. v. Town & Campus, Inc.

Rhodes, Justice:

This appeal is from an order granting leave to answer after the expiration of more than 20 days from the service of the complaint. Plaintiff-appellant asserts that the order appealed from is without evidentiary support and that it, therefore, constituted an abuse of discretion. We agree and reverse.

The motion of defendant-respondent to be granted leave to answer was made pursuant to S. C. Code § 15-13-90 (1976) which reads as follows:

The Court may, in its discretion and upon such terms as may be just, allow an answer or reply to be made or other act to be done after the time…