Hudson v. South Carolina Department of Highways & Public Transportation

While an appeal was pending from the original jury trial, respondent’s motion for relief from judgment pursuant to Rule 60(b)(1), SCRCP, was granted. Appellant now appeals the order granting that motion. Since respondent did not obtain leave from the appellate court to make the Rule 60(b)(1) motion, the trial court lacked subject matter jurisdiction. Accordingly, we vacate the appealed order, which is void. See Rule 204, SCACR; cf., Bradley v. Hullander, 266 S.C. 188, 222 S.E.2d 283 (1976); Pinckney v. Winn-Dixie Stores, Inc., 311 S.C. 1, 426 S.E.2d 327 (Ct.App.1993) (trial court orders…