Don Shevey & Spires, Inc. v. American Motors Realty Corp.

I would reverse.

Appellants initiated this action under the South Carolina Dealer’s Day in Court Act by serving respondent with a Summons (Complaint Not Served). Thereafter respondent demanded a copy of the Complaint. Subsequently, Mr. Linwood Perry requested for appellants an indefinite extension of time to serve the Complaint. Mr. Perry then was serving as law clerk for James W. Morris, appellants’ former attorney. Respondent granted the extension. Appellants’ former attorney did not file the Complaint (Summons Not Served) with the clerk.

Meanwhile, changes occurred in appellants’…