Rochester v. Holiday Magic, Inc.

Littlejohn, Justice.

The defendant appeals to this court from an order of the circuit judge refusing to vacate a default judgment in favor of the plaintiff, in the amount of $250,000, pursuant to Section 10-1213 of the 1962 Code. That code section permits the trial court to relieve a party from a judgment taken through “mistake, inadvertence, surprise or excusable neglect * *

The plaintiff is a distributor in South Carolina of cosmetics sold by the defendant, a California corporation not domesticated in this state. The disputes involved in this proceeding grew out of a contractural relationship…