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MAXWELL v. GENEZ

No. 25761.

356 S.C. 617 (2003)

591 S.E.2d 26

ReDonna MAXWELL and George Maxwell, Respondents, v. Beverly M. GENEZ and John Doe, Petitioners.

Supreme Court of South Carolina.

Decided December 22, 2003.

Rehearing Denied January 23, 2004.

Attorney(s) appearing for the Case

Charles H. Gibbs, Jr., of Haynsworth Sinkler Boyd, P.A., for Petitioner Beverly M. Genez; Max G. Mahaffee, of Grimball & Cabaniss, L.L.C., for Petitioner John Doe; both of Charleston.

Jeffrey Scott Weathers, of Peagler & Weathers, P.A., of Moncks Corner, for respondents.

Justice BURNETT:

The Court granted a writ of certiorari to review the decision of Maxwell v. Genez, 350 S.C. 563, 567 S.E.2d 496 (Ct.App. 2002), in which the Court of Appeals held a motion to restore to the docket must be filed within one year of the order striking the case pursuant to Rule 40(j), SCRCP, but that the motion can be extended for good...

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