Maxwell v. Genez

Justice BURNETT:

The Court granted a writ of certiorari to review the decision of Maxwell v. Genez, 350 S.C. 563, 567 S.E.2d 496 (Ct.App. 2002), in which the Court of Appeals held a motion to restore to the docket must be filed within one year of the order striking the case pursuant to Rule 40(j), SCRCP, but that the motion can be extended for good cause pursuant to Rule 6(b), SCRCP. We reverse.

FACTS

On March 17, 1995, Respondent ReDonna Maxwell was involved in an automobile accident with Petitioners Beverly Genez and John Doe. Mrs. Maxwell and her husband, Respondent George Maxwell, filed suit…