Davis v. Lunceford

Failing to see the justification for remanding this case to the trial court, I dissent.

Section 15-13-230, Code of Laws of South Carolina (1976), requires service of the complaint within twenty days of a request therefor. Counsel for appellant made three un*581answered requests for the complaint over a seven month period before he moved to have the case dismissed. The majority would remand to determine whether or not the respondent is entitled to relief on the basis of § 15-13-90. I disagree.

There are two pre-requisites for relief under Code § 15-13-90: (1) excusable neglect; and (2) a meritorious…