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2009-UP-358 - Mack v. Bull

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Traci Mack, Appellant,

v.

Trudy Bull, Respondent.


Appeal From Darlington County
J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No.  2009-UP-358
Submitted June 1, 2009 – Filed June 23, 2009


AFFIRMED


F. Barron Grier, III, of West Columbia, for Appellant.

Henry Thad White, Jr., of Florence, for Respondent.

PER CURIAM:  Following an automobile accident, Trudy Bull filed suit in magistrate's court for property damages.  After Traci Mack could not be located, she was served by publication.  Thereafter, Mack was adjudged in default and after a hearing, Bull was awarded property damages.  This appeal is from the denial of Mack's Rule 60(b), SCRCP, motion to set aside the judgment.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Rule 60(b), SCRCP ("On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect . . . fraud, misrepresentation, or other misconduct of an adverse party."); BB & T v. Taylor, 369 S.C. 548, 551, 633 S.E.2d 501, 502-03 (2006) (explaining the decision to grant or deny a motion for relief from judgment lies within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion).

AFFIRMED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.