Wells Fargo Bank, N.A. v. Marion Amphitheatre, LLC

• Court: Court of Appeals of South Carolina
• Decided: November 21, 2012
• Docket: 2012-UP-622
• Status: Unpublished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

Wells Fargo Bank, N.A., successor-in-interest to Wachovia Bank, National Association, Respondent,

v.

Marion Amphitheatre, LLC, David P. Gannon, Michael Guarco, Carolina Entertainment Complex, LLC, and 4 Prophets, LLC a/k/a 4 Profits, LLC, Defendants,

Of whom Marion Amphitheatre, LLC and Michael Guarco are the Appellants,

And 4 Prophets, LLC a/k/a 4 Profits, LLC is a Respondent.

Appellate Case No. 2011-199969

Appeal From Marion County W. Haigh Porter, Special Referee

Unpublished Opinion No. 2012-UP-622 Submitted November 1, 2012 – Filed November 21, 2012

APPEAL DISMISSED

Edgar Lloyd Willcox, II, of Willcox Buyck & Williams, PA, of Florence, for Appellants. John Paul Williams, Jr., of John P. Williams, Jr., PA, of Marion, for Respondent 4 Prophets, LLC.

PER CURIAM: Dismissed pursuant to Rule 220(b), SCACR, and the following authorities: Top Value Homes, Inc. v. Harden, 319 S.C. 302, 306, 460 S.E.2d 427, 429 (Ct. App. 1995) (holding the trial court should apply Rule 55(c), SCRCP, in deciding a motion to set aside the entry of default); Ateyeh v. United Omaha Life Ins. Co., 293 S.C. 436, 437, 361 S.E.2d 340, 340 (Ct. App. 1987) (holding a motion under Rule 55(c), SCRCP, to set aside an entry of default is not immediately appealable until after final judgment).

APPEAL DISMISSED.1

HUFF, THOMAS, and GEATHERS, JJ., concur.

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