Supreme Court of South Carolina
Bb & T F/k/a Southern National Bank, Respondent v. Carolyn M. Taylor A/k/a Carolyn Yvonne Murphy Taylor, Petitioner
July 24, 2006369 S.C. 548
Summary
The court held that the petitioner was not properly served because the process server merely suspected that someone was inside the residence and never saw, spoke with, or obtained a refusal from anyone before posting the summons and complaint. Because service was insufficient, the court lacked personal jurisdiction and the default judgment was void under Rule 60(b)(4). The court reversed the Court of Appeals and remanded for further proceedings.
Holding
- Sufficiency of service of process. Posting the summons and complaint on the petitioner's front door did not constitute proper personal service where the process server merely suspected that someone was inside and never saw or spoke with the petitioner or any resident who refused to accept the documents.
- Rule 60(b)(4) relief from the default judgment. The trial court abused its discretion by denying the Rule 60(b)(4) motion because insufficient service deprived the court of personal jurisdiction and rendered the default judgment void.
Docket 26188
Cited authorities
- Rule 60(b)(4)
- Rule 60(b)
- Rule 60(b)(4)
- Rule 4(d)(1)
- Rule 60(b)
- Rule 4(d)(1)
- Rule 60(b)(4)
- Rule 60(b)(1)
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