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

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Unpublished Opinion No. 2012-UP-622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.