Legal Opinion

Caldwell v. Wiquist

Court of Appeals of South Carolina

Decided March 27, 2013No. Appellate Case No. 2012-207208; No. 5105PublishedCited by 3 opinions

1Opinion of the CourtPieper, J.

This appeal arises out of personal injury claims resulting from a car accident. On appeal, Appellant Amy Wiquist argues that the trial court erred in denying her motions to set aside default judgment because: (1) the affidavits failed to comply with statutory requirements; (2) service by publication violated Wiquist’s due process rights; (3) evidence of fraud or collusion existed; (4) the Yates v. Gridley, 16 S.C. 496 (1882), line of cases should be overruled; and (5) the orders of service by publication did not comply with section 15-9-740 of the South Carolina Code (2005). We reverse and…

2Cases cited26 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Colleton Preparatory Academy, Inc. v. Hoover Universal, Inc.Court of Appeals for the Fourth Circuit · 2010
  3. I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina · 2000
  4. Elam v. South Carolina Department of TransportationSupreme Court of South Carolina · 2004
  5. Herron v. CENTURY BMWSupreme Court of South Carolina · 2011

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3Cited by3 opinions

  1. Belle Hall Plantation Homeowner's Ass'n v. MurrayCourt of Appeals of South Carolina · 2017
  2. Crescent Homes SC, LLC v. CJN, LLCCourt of Appeals of South Carolina · 2024
  3. Ex Parte: Trustgard Insurance Company v. Full Logistics, Inc.Court of Appeals of South Carolina · 2023

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