Hodges v. Fanning

Plaintiffs-respondents, Ray and Carolyn Hodges, obtained orders of default against defendants- appellants, William Fanning and Birobal Corp. Defendants’ motion to vacate the orders was denied by the lower court. We affirm.

The motion to vacate the default orders was made under S. C. Code § 10-1213 (1962), which authorizes the court in its discretion to relieve a party from an order “taken against him through his mistake, inadvertence, surprise or excusable neglect.” Additionally, the moving party must have a meritorious defense. Evans v. Fiat-Roosevelt Motors, Inc., S. C., 222 S. E. (2d) 282…