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UNIVERSAL BENEFITS, INC. v. MCKINNEY

No. 3469.

349 S.C. 179 (2002)

561 S.E.2d 659

UNIVERSAL BENEFITS, INC., Appellant, v. James H. McKINNEY, Respondent.

Court of Appeals of South Carolina.

Decided March 25, 2002.

Attorney(s) appearing for the Case

Kristi F. Curtis, of Bryan, Bahnmuller, Goldman & McElveen, of Sumter, for appellant.

George C. James, Jr., of Lee, Erter, Wilson, James, Holler & Smith, of Sumter, for respondent.

HOWARD, J.

This suit was initiated by Universal Benefits, Inc., ("Universal") against its former employee, James H. McKinney, to enforce a covenant not to compete. The action was dismissed with prejudice when Universal failed to appear at a pre-trial conference and roster meeting. Universal did not move to alter or amend the order of dismissal, nor did it appeal. Universal moved to set aside the order of dismissal pursuant to Rule 60(b)(4), SCRCP, asserting the order...

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