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CHEWNING v. FORD MOTOR CO.

No. 25627.

354 S.C. 72 (2003)

579 S.E.2d 605

Ray H. CHEWNING, Jr., Respondent, v. FORD MOTOR COMPANY, David J. Bickerstaff, and David J. Bickerstaff and Associates, Inc., Defendants, of whom Ford Motor Company is Petitioner.

Supreme Court of South Carolina.

Decided April 14, 2003.

Attorney(s) appearing for the Case

Joel H. Smith and Susan M. Glenn of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia; and Paul F. Hultin and Edward C. Stewart, of Wheeler Trigg & Kennedy, of Denver, CO, for petitioner.

A. Camden Lewis, Mark W. Hardee, and Ariail E. King, of Lewis, Babcock, & Hawkins, of Columbia, for respondent.

Justice BURNETT:

We granted a writ of certiorari to review the decision of the Court of Appeals which reversed a lower court order dismissing an action for "fraud upon the court" and an "independent action in equity for fraud" pursuant to Rule 12(b)(6), SCRCP. Chewning v. Ford Motor Co., 346 S.C. 28, 550 S.E.2d 584 (Ct.App.2001). We affirm.

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