CitiFinancial v. Squire

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

CitiFinancial, Inc., Respondent,

v.

Stella B. C. Squire aka Stella B. Cardamone and
Beneficial South Carolina, Inc., Defendants,

of whom Stella B. C. Squire is Appellant.

Appellate Case No. 2011-194206

Appeal From Charleston County
Mikell R. Scarborough, Master-in-Equity

Unpublished Opinion No. 2013-UP-158
Heard April 3, 2013 – Filed April 17, 2013

AFFIRMED

Mary Leigh Arnold, of Mary Leigh Arnold, PA, of Mt.
Pleasant, for Appellant.

Nikole Haltiwanger Boland, of Riley Pope & Laney,
LLC, of Columbia, for Respondent.

PER CURIAM: Stella B. C. Squire appeals the master-in-equity's order denying
her motion to vacate the master's order of foreclosure and sale. We affirm pursuant
to Rule 220(b), SCACR, and the following authorities: Rule 8(d), SCRCP
("Averments in a pleading to which a responsive pleading is required, other than
those as to the amount of damage, are admitted when not denied in the responsive
pleading."); Sundown Operating Co. v. Intedge Indus., Inc., 383 S.C. 601, 606, 681
S.E.2d 885, 888 (2009) (holding the decision to set aside an entry of default or a
default judgment lies solely within the sound discretion of the trial court, and the
decision will not be disturbed on appeal absent a clear showing of an abuse of
discretion); id. at 607, 681 S.E.2d at 888 ("An abuse of discretion occurs when the
judge issuing the order was controlled by some error of law or when the order,
based upon factual, as distinguished from legal conclusions, is without evidentiary
support."); id. at 608, 681 S.E.2d at 888 ("[o]nce a default judgment has been
entered, a party seeking to be relieved must do so under Rule 60(b), SCRCP."); id.
("The standard for granting relief from a default judgment under Rule 60(b) is
more rigorous than the 'good cause' standard established in Rule 55(c)."); id.
("Rule 60(b) requires a more particularized showing of mistake, inadvertence,
excusable neglect, surprise, newly discovered evidence, fraud, misrepresentation,
or 'other misconduct of an adverse party.'"); id. at 608, 681 S.E.2d at 888-89 ("The
different standards under the two rules underscore the clear intent to make it more
difficult for a party to avoid a default once the court has entered a judgment, which
carries greater finality, and often occurs later than a clerk's entry of default.").

AFFIRMED.

FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.