While an appeal was pending from the original jury trial, respondent's motion for relief from judgment pursuant to Rule 60(b)(1), SCRCP, was granted. Appellant now appeals the order granting that motion. Since respondent did not obtain leave from the appellate court to make the Rule 60(b)(1) motion, the trial court lacked subject matter jurisdiction. Accordingly, we vacate the appealed order, which is void.
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HUDSON v. S.C. DEPT. OF HWY. & PUBLIC TRANSP.
No. 24524.
324 S.C. 245 (1996)
478 S.E.2d 839
Phyllis C. HUDSON, Respondent, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Heard June 5, 1996.
Decided November 12, 1996.
Attorney(s) appearing for the Case
William U. Gunn, Perry D. Boulier, and S. Sterling Laney, III, Holcombe, Bomar, Cothran and Gunn, P.A., Spartanburg, for appellant.
Paul R. Hibbard and William Douglas Smith, of Johnson, Smith, Hibbard & Wildman Law Firm, L.L.P., of Spartanburg, for respondent.
Supreme Court of South Carolina.
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