Supreme Court of South Carolina

Graham Law Firm, P.a., Appellant v. Mohamed Makawi

January 17, 2012396 S.C. 290

Summary

The South Carolina Supreme Court reversed the trial court’s order granting respondents’ motion to set aside a default judgment and remanded for further proceedings. It held that the trial court correctly found service of process ineffective and could rely on the second affidavit, but erred by denying Graham’s request for discovery and cross‑examination on the jurisdiction issue.

Holding

  • Did the trial court err in holding that the service of process on respondents was not effective?. The trial court did not err in finding that service of process was ineffective because the return receipts were signed by unauthorized persons.
  • Did the trial court err when it accepted the contents of Makawi’s second affidavit despite having found Makawi’s first affidavit unreliable?. The trial court did not err in finding portions of Makawi’s second affidavit credible and may rely on it.
  • Did the trial court err when it failed to grant Graham’s request for discovery and cross‑examination?. The trial court erred by denying Graham’s request for discovery and cross‑examination on the jurisdiction issue.

Docket 27086

Cited authorities

  • Rule 60(b)
  • Rule 59(e)
  • Rule 59(e)
  • Rule 60(b)
  • Rule 59(e)
  • Rule 204(b)
  • Rule 4(d)(8)
  • Rule 55(c)

Cited by

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