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BOWERS v. ROBINSON

No. 23836.

429 S.E.2d 799 (1993)

Det F. BOWERS, Jr., Respondent, v. William E.S. ROBINSON, Individually and as Receiver of Anderson Retirement Corporation; Pauline Lide; Mildred Clarke; The Anderson Retirement Corporation, d/b/a Anderson Place; and The Continental Insurance Company, Appellants.

Supreme Court of South Carolina.

Decided April 12, 1993.

Attorney(s) appearing for the Case

Robert J. Thomas of Sherill & Rogers, and V. Jean Burkins, Columbia, for appellants.

Joel W. Collins, Jr., and Arthur K. Aiken, of Collins & Lacy, Columbia, for respondent.

TOAL, Justice:

The issue presented in this appeal is whether service of an unnecessary motion to amend with a proposed amended complaint constitutes proper service of the amended complaint, so if it is not answered, a default judgment may be entered. We hold it does not. Accordingly, we reverse the trial judges' entering of default judgment and remand for trial.

PROCEDURAL HISTORY

This declaratory judgment and conversion action was brought by the...

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