Stewart Ex Rel. Estate of Stewart v. Floyd

Rhodes, Justice:

This is an appeal by Jesse Floyd from a denial of a motion brought pursuant to Section 15-27-130, South Carolina Code (1976) to vacate a default judgment on the basis of excusable neglect, inadvertence, or surprise. We affirm.

Appellant was originally served with a summons and complaint on April 16, 1976 in which respondent James Stewart, as administrator, sought damages for the wrongful death of his daughter, allegedly caused by the negligence and wantonness of appellant, a practicing physician, in the medical *439treatment of his intestate.1 Upon receipt of these pleadings…