Smith Companies of Greenville, Inc. v. Hayes

Bell, Judge:

The Smith Companies of Greenville, Inc., brought an action to foreclose a bond for title given by Ralph Edward Hayes, II, for the purchase of real property. Instead of foreclosing the bond for title, the master cancelled it and ordered Hayes to surrender possession to The Smith Companies. Hayes did not appeal this judgment. Nearly eighteen months after entry of judgment, Hayes sought relief from judgment under Rule 60(b)(4) and (5), SCRCP. The master denied Hayes’s motion to set aside judgment. Hayes appeals. We affirm.

Under Rule 60(b)(4) and (5), the court may grant a party…