W B Holdings v. PZA Properties

• Court: Court of Appeals of South Carolina
• Decided: June 20, 2012
• Docket: 2012-UP-367
• Status: Unpublished

Opinion

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

W B Holdings, LLC, Respondent,

v. PZA Properties, LLC, and Reidville Development Associates, LLC, and Conrad C. Hurst, III, Defendants, Of whom Conrad C. Hurst, III is the Appellant.

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Appeal From Spartanburg County J. Derham Cole, Circuit Court Judge __________

Unpublished Opinion No. 2012-UP-367 Submitted June 1, 2012 – Filed June 20, 2012 __________

AFFIRMED __________

Lawrence E. Flynn, Jr. and Elinor V. Lister, of Spartanburg, for Appellant. Timothy L. Cleveland, of Spartanburg, for Respondent.

PER CURIAM: Conrad C. Hurst, III appeals the denial of his motion for relief from default judgment, arguing the trial court erred in its determination that Hurst did not have justifications for not responding to W B Holdings's complaint in a timely manner. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authority: Rodriguez v. Gutierrez, 391 S.C. 323, 329, 705 S.E.2d 94, 98 (Ct. App. 2011) ("The decision whether to set aside an entry of default or a default judgment lies solely within the sound discretion of the [trial] court."); id. ("The [trial] court's decision will not be disturbed on appeal absent a clear showing of an abuse of that discretion.").

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.