H2O Leasing v. H2O Parasail

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

H2O Leasing, LTD., a Delaware Corporation,       
Plaintiff,

v.

H2O Parasail, Inc., Brooke McCullough, Island Water Sports of Hilton
Head, Inc., and Richard T. Sonberg, Defendants and Third-party Plaintiffs,       
Respondents,

v.

Breakwater Adventures At The Landings, Inc. and Michael
Klingensmith,
Third-Party Defendants,        Appellants.

Appeal From Beaufort County

Thomas Kemmerlin, Circuit Court Judge

Unpublished Opinion No. 2003-UP-171

Submitted January 10, 2003 – Filed March
4, 2003 

AFFIRMED

Gregg E. Meyers, of Charleston; for Appellants

Terry A. Finger, of Hilton Head
Island; for Respondents.

PER CURIAM:  Appellants appeal the trial
court’s denial of their motions for relief from default judgment pursuant to
Rule 60(b) and Rule 55(c), SCRCP.  We affirm
[1] pursuant to Rule 220(c), SCACR, and the following authorities:  Thompson
v. Hammond, 299 S.C. 116, 119, 382 S.C. 900, 903 (1989) (stating the trial
court’s decision under Rule 60(b) constitutes an abuse of discretion where it
is controlled by an error of law or is without evidentiary support); Beaufort
Realty Co. v. Beaufort County, 346 S.C. 298, 302, 551 S.E.2d 588, 590 (Ct.
App. 2001) (stating arguments of counsel are not evidence and a court may not
consider statements of fact appearing only in the arguments of counsel); Saro
v. Ocean Holiday P’ship, 314 S.C. 116, 124, 441 S.E.2d 835, 840 (Ct. App.
1994) (“[M]otions for relief under Rule 60(b) are addressed to the discretion
of the court and appellate review is limited to determining whether the trial
court abused its discretion.”); Bowers v. Bowers, 304 S.C. 65, 67, 403
S.E.2d 127, 129 (Ct. App. 1991) (stating the party seeking relief has the burden
to produce evidence proving the facts essential to entitle them to such relief);
Ricks v. Weinrauch, 293 S.C. 372, 374, 360 S.E.2d 535, 536 (Ct. App.
1987) (stating the standard for granting relief from a default judgment under
Rule 60(b) is more rigorous than the standard for vacating the entry of default,
which only requires good cause to be shown).

AFFIRMED.

HEARN, C.J., GOOLSBY and SHULER, JJ., concur.

[1]   We affirm this case without oral argument pursuant
to Rule 215, SCACR.