Thompson v. Hammond

Toal, Justice;

The dispositive issue in this case is whether relief from a circuit court judgment ordering the closing of a county road should he granted because of a mistake, inadvertence, surprise, and/or excusable neglect pursuant to South Carolina Rule of Civil Procedure 60(b)(1). We granted certiorari to review the decision of the Court of Appeals in Thompson v. Hammond, et al., 294 S. C. 95, 362 S. E. (2d) 879 (Ct. App. 1987), which affirmed the trial court. We reverse the Court of Appeals and grant a new trial to the landowners.

Thompson filed this action to close a portion of a public…