Legal Opinion

Fassett v. Evans

Court of Appeals of South Carolina

Decided March 14, 2005No. 3958PublishedCited by 7 opinions

1Opinion of the Court

BEATTY, J.:

Hugh Allen Evans seeks to set aside a default judgment arguing service of process was ineffective because it was not effected at his usual place of abode. Alternately, Evans argues the trial court erred by declining to set aside the judgment under Rule 60(b), SCRCP, on the grounds of mistake, inadvertence, surprise, excusable neglect, or newly discovered evidence. We affirm. 1

FACTS

Elfreda J. Fassett filed suit against Evans on September 18, 2001, seeking an injunction and damages for conversion, trespass, and non-consensual removal of standing timber from Fassett’s property in…

2Cases cited13 opinions

  1. Sara A. Karlsson v. Baruch RabinowitzCourt of Appeals for the Fourth Circuit · 1963
  2. Rosa v. CantrellCourt of Appeals for the Tenth Circuit · 1982
  3. R & G Construction Inc. v. Lowcountry Regional Transportation AuthorityCourt of Appeals of South Carolina · 2000
  4. Mitchell Supply Co. v. GaffneyCourt of Appeals of South Carolina · 1988
  5. In Re Estate of WeeksCourt of Appeals of South Carolina · 1997

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3Cited by7 opinions

  1. McClurg v. DeatonCourt of Appeals of South Carolina · 2008
  2. William v. Ass'n InsuranceCourt of Appeals of South Carolina · 2012
  3. Bradley C. Lewis v. Lily T. Ojano-Bracco; Mountain West IRA, Inc.; Angelina M. Sharman; and James R. Sharman (Appeal from Jefferson Circuit Court: CV-17-900540).Supreme Court of Alabama · 2025
  4. Delta Apparel, Inc. v. FarinaCourt of Appeals of South Carolina · 2013
  5. Ex Parte: Trustgard Insurance Company v. Full Logistics, Inc.Court of Appeals of South Carolina · 2023

2 more not listed; retrieve them via the Exa API.

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