Graham v. Town of Loris

(dissenting) :

I dissent. The proper course for relief from a summary judgment is by appeal to this Court. Further, even if Code Section 15-27-130 (1976) may be invoked to supplant the appellate process, I do not believe the facts of this case warranted the vacation of the prior judgment.

The order for summary judgment was rendered by Judge Robinson after he reviewed the pleadings, depositions, unanswered requests for admissions, and affidavits. Virtually no rebutting evidence was presented to sustain any of the allegations in respondent’s answer. The following language from Conran v. Yager,…