Universal Benefits, Inc. v. McKinney

This suit was initiated by Universal Benefits, Inc., (“Universal”) against its former employee, James H. McKinney, to enforce a covenant not to compete. The action was dismissed with prejudice when Universal failed to appear at a pre-trial conference and roster meeting. Universal did not move to alter or amend the order of dismissal, nor did it appeal. Universal moved to set aside the order of dismissal pursuant to Rule 60(b)(4), SCRCP, asserting the order was void because Universal had no notice of the pre-trial conference. Universal appeals from the denial of its Rule 60 motion. We affirm.

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