McEachern v. Poston

Gregory, Justice:

This appeal is from an order of the lower court vacating a judgment by default and award of damages. We affirm in part, reverse in part, and remand.

Appellant James E. McEachern brought this action against respondent Ody Poston d/b/a Coastal Garage to recover actual and punitive damages for improper repairs made by respondent to appellant’s automobile. The action was initiated on September 9, 1977 by personal service in Horry County of a summons and complaint.

Respondent requested and was granted an extension of time until noon October 15, 1977 to answer or otherwise plead to…