Ludwick v. This Minute of Carolina, Inc.

Sanders, Chief Judge:

Appellant Gwendolyn A. Ludwick sued respondents This Minute of Carolina, Inc., and its managers, Sheldon Solomon and Florence Solomon, alleging she was wrongfully discharged from her employment with the corporation. The trial judge ordered nonsuit at the close of Mrs. Ludwick’s case. We affirm.

I

Mrs. Ludwick first argues that the defense of failure to state a cause of action was waived because it was not raised in writing five days before trial. We reject this argument.

Section 15-13-370 of the 1976 Code of Laws of South Carolina states as follows:

Failure to take objection…