McCALL v. IKON

No. 3953.

363 S.C. 646 (2005)

611 S.E.2d 315

Jonathan S. McCALL, Respondent, v. IKON, d/b/a IKON Educational Services, and CESC (Computer Services Corporation, Defendants, of whom IKON, d/b/a IKON Educational Services is, Appellant).

Court of Appeals of South Carolina.

Decided February 28, 2005.

Rehearing Denied April 21, 2005.


Attorney(s) appearing for the Case

David A. Wilson, of Greenville, for Appellant.

Duke K. McCall, Jr., and Mark M. Trapp, of Greenville, for Respondent.


KITTREDGE, J.:

This is an appeal from the denial of relief from default judgment under Rule 60(b), SCRCP. Appellant raises two exceptions to the default judgment: (1) that the default was in error because it was never properly served with the plaintiff's summons and complaint, and (2) alternatively, even if service were proper, it was not notified of the subsequent damages hearing concerning this unliquidated claim. We join the circuit court in rejecting Appellant...

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