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STEARNS BANK v. GLENWOOD FALLS

No. 26394.

375 S.C. 423 (2007)

653 S.E.2d 274

STEARNS BANK NATIONAL ASSOCIATION, Plaintiff v. GLENWOOD FALLS, LP, a South Carolina limited partnership, DC Development, Inc., McBride Building Supplies & Hardware, Inc., First Federal Savings and Loan Association of Charleston, Charleston Affordable Housing, Inc., and The Building Center, Inc., Defendants. In re DC Development, Inc., Appellant, v. Glenwood Falls, LP, a South Carolina limited partnership, Respondent.

Supreme Court of South Carolina.

Decided November 5, 2007.

Attorney(s) appearing for the Case

William E. Booth, III, of W. Columbia, for Appellant.

Michael W. Tighe, and Mary Dameron Milliken, both of Callison Tighe & Robinson, of Columbia, for Respondents.

Justice PLEICONES:

Appellant, the judgment creditor, appeals a circuit court order requiring it to post a bond pursuant to S.C.Code Ann. § 18-9-130 (Supp.2006) if it wishes to enforce its judgment during the pendency of respondent's (the judgment debtor's) appeal of an order denying respondent's Rule 60, SCRCP, motion to set aside the judgment. We reverse.

FACTS

Appellant obtained a default judgment for approximately $1.3 million against...

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