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RODRIGUEZ v. GUTIERREZ

No. 4786.

391 S.C. 323 (2011)

705 S.E.2d 94

Miriam RODRIGUEZ, as Personal Representative of the Estate of Francisco Martinez Marco, Respondent, v. Alexander GUTIERREZ, Ernesto Gutierrez, and Jose A. Reyes d/b/a Cinco de Mayo, Defendants, of whom Jose A. Reyes d/b/a Cinco de Mayo is the, Appellant.

Court of Appeals of South Carolina.

Decided January 26, 2011.

Attorney(s) appearing for the Case

Walter Christopher Castro , of Myrtle Beach, for Appellant. William I. Diggs , of Myrtle Beach, for Respondent.

PER CURIAM.

In this civil case, we must determine whether the circuit court abused its discretion in refusing to set aside a default judgment against Jose Reyes d/b/a/ Cinco De Mayo Restaurant (Reyes) because Miguel Vazquez's counsel (Vazquez's counsel) personally served notice of the damages hearing on Reyes rather than on Reyes's counsel. We affirm.

FACTS

On April 17, 2007, Alexander Gutierrez (Driver) was driving a vehicle owned by his father...

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