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COLLETON PREPARATORY ACADEMY v. HOOVER UNIVERSAL

No. 09-1480.

616 F.3d 413 (2010)

COLLETON PREPARATORY ACADEMY, INCORPORATED, Plaintiff-Appellee, v. HOOVER UNIVERSAL, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 5, 2010.

Attorney(s) appearing for the Case

ARGUED: Richard K. Wray, Reed Smith, LLP, Chicago, Illinois, for Appellant. Charles H. Williams, II, Williams & Williams Attorneys at Law, Orangeburg, South Carolina, for Appellee. ON BRIEF: Casey L. Westover, Reed Smith, LLP, Chicago, Illinois; Charles J. Baker III, Buist, Moore, Smythe, McGee, PA, Charleston, South Carolina, for Appellant.

Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge KING and Senior Judge BEAM joined.

OPINION

DAVIS, Circuit Judge:

Hoover Universal, Inc. ("Hoover Universal") timely appeals from an adverse judgment awarding substantial damages in this diversity action, contending that the judgment is tainted by the district court's refusal to set aside the clerk's entry of default against it. Hoover Universal's default resulted when its resident agent for service of process failed to deliver the summons and complaint to Hoover Universal. We are persuaded...

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