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HADDOCK FLYING SERVICE v. TISDALE

0612

288 S.C. 62 (1986)

339 S.E.2d 525

HADDOCK FLYING SERVICE, Respondent v. Eloise TISDALE, Appellant.

Court of Appeals of South Carolina.

Decided January 21, 1986.

Attorney(s) appearing for the Case

Clifton Newman, Columbia, for appellant.

Eugene A. Fallon, Jr., of Fallon & Odom, Florence, for respondent.

Heard Nov. 20, 1985.

Decided Jan. 21, 1986.

CURETON, Judge:

Respondent Haddock Flying Service obtained a default judgment against appellant Eloise Tisdale in this breach of contract action. Tisdale moved to vacate the judgment based on the fact that in the absence of the individual partners' being named as parties, the partnership lacked capacity to sue. The trial court refused to hear the motion because proper notice of the motion had not been given...

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