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2010-UP-360 - Felder v. Gordon

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

Sherry Ann Felder, Respondent,

v.

Lawrence Gordon, Appellant.


Appeal From Charleston County
Mikell R. Scarborough, Master-in-Equity


Unpublished Opinion No. 2010-UP-360
Submitted June 1, 2010 – Filed July 12, 2010


AFFIRMED


Dwayne M. Green, of Charleston, for Appellant.

Philip A. Middleton, of Charleston, for Respondent.

PER CURIAM: This is a default judgment case. Lawrence Gordon appeals from the master-in-equity's order of default judgment, arguing he should have received notice of the entry of default because he appeared in the litigation by accepting service of process.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 5(a), SCRCP (stating "notice of any trial or hearing on unliquidated damages shall also be given to parties in default"); Stark Truss Co. v. Superior Constr. Corp., 360 S.C. 503, 508, 602 S.E.2d 99, 102 (Ct. App. 2004) (distinguishing the entry of default from a judgment by default); Beckham v. Durant, 300 S.C. 329, 331 n.2, 387 S.E.2d 701, 703 n.2 (Ct. App. 1989) ("Judgment by default is not properly entered until damages are determined").

AFFIRMED.

HUFF, SHORT, and WILLIAMS, JJ., concur.


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