Stearns Bank National Ass'n v. Glenwood Falls, LP

Justice PLEICONES:

Appellant, the judgment creditor, appeals a circuit court order requiring it to post a bond pursuant to S.C.Code Ann. § 18-9-180 (Supp.2006) if it wishes to enforce its judgment during the pendency of respondent’s (the judgment debtor’s) appeal of an order denying respondent’s Rule 60, SCRCP, motion to set aside the judgment. We reverse.

FACTS

Appellant obtained a default judgment for approximately $1.3 million against respondent in January 2005. Respondent filed a timely motion to set aside the default under Rule 60(b)(2) and(4), SCRCP, in March 2005. Respondent did not,…