Legal Opinion · Dissent

Stearns Bank National Ass'n v. Glenwood Falls, LP

Court of Appeals of South Carolina

Decided April 9, 2007No. 4231Published

1DissentAnderson, J.

I disagree with the majority’s reasoning and analysis. In my view, the trial court erred in failing to set aside the default judgment on the basis of mistake, inadvertence, surprise, or excusable neglect. Specifically, Glenwood is entitled to relief because its attorneys abandoned it. I VOTE to REVERSE.

ABANDONMENT

Juridical writing in South Carolina articulates the general rule that the acts and omissions of an attorney are attributable to the client. Hillman v. Pinion, 347 S.C. 253, 257, 554 S.E.2d 427, 429 (Ct.App.2001); Simon v. Flowers, 231 S.C. 545, 99 S.E.2d 391, 394 (1957). The…

2Cases cited5 opinions

  1. Simon v. FlowersSupreme Court of South Carolina · 1957
  2. Graham v. Town of LorisSupreme Court of South Carolina · 1978
  3. Perkins v. SykesSupreme Court of North Carolina · 1951
  4. Floyd v. KoskoCourt of Appeals of South Carolina · 1985
  5. Paul Davis Systems, Inc. v. Deepwater of Hilton Head, LLCCourt of Appeals of South Carolina · 2004

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API