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STEWART v. FLOYD

21177

274 S.C. 437 (1980)

265 S.E.2d 254

James STEWART, as Administrator of the Estate of Nancy Stewart, Respondent, v. Jesse J. FLOYD, M.D., Appellant.

Supreme Court of South Carolina.

March 27, 1980.

Attorney(s) appearing for the Case

George C. Kosko, of Columbia, for appellant.

Henry Hammer and Michael A. Pulliam, Columbia, for respondent.

March 27, 1980.

RHODES, Justice:

This is an appeal by Jesse Floyd from a denial of a motion brought pursuant to Section 15-27-130, South Carolina Code (1976) to vacate a default judgment on the basis of excusable neglect, inadvertence, or surprise. We affirm.

Appellant was originally served with a summons and complaint on April 16, 1976 in which respondent James Stewart, as administrator, sought damages for the wrongful death of his daughter, allegedly...

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