Koon v. Thomas Jackson Construction

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

Larry E. Koon and Allen Lee Koon, by and through his
attorney in fact, Larry E. Koon, Respondents,

v.

Thomas Jackson Construction Inc., Appellant.

Appellate Case No. 2014-001215

Appeal From Newberry County
Donald B. Hocker, Circuit Court Judge

Unpublished Opinion No. 2016-UP-077
Heard February 1, 2016 – Filed February 24, 2016

AFFIRMED

Mindy Westbrook Zimmerman and Wade Coleman
Lawrimore, both of Zimmerman & Shealy, LLC, of
Newberry, for Appellant.

Robert W. Dibble, Jr. and Jennifer Dowd Nichols, both
of Harrell & Martin, P.A., of Chapin; and Kelley B. Parr,
of Kelley B. Parr, Attorney at Law, of Chapin, for
Respondents.
PER CURIAM: Appellant Thomas Jackson Construction Inc. appeals the circuit
court's grant of Respondents' motion for summary judgment and dismissal of its
motion to dismiss. We find the personal judgment against Respondent Allen Lee
Koon was void because the special referee acted without personal jurisdiction. See
Rule 60(b)(4), SCRCP (explaining the circuit court "may relieve a party or his
legal representative from a final judgment, order, or proceeding . . . [if] the
judgment is void"); Stearns Bank Nat'l Ass'n v. Glenwood Falls, LP, 373 S.C. 331,
337, 644 S.E.2d 793, 796 (Ct. App. 2007) ("A judgment is void if a court acts
without personal jurisdiction."); id. ("A court usually obtains personal jurisdiction
by the service of the summons and complaint."); Rule 37(b)(2), SCRCP ("If a party
or an officer, director, or managing agent of a party . . . fails to obey an order to
provide or permit discovery . . . the court in which the action is pending may make
such orders in regard to the failure as are just . . . ."); Rule 37(b)(2)(C), SCRCP
(authorizing the circuit court to enter a "judgment by default against the
disobedient party" (emphasis added)). Appellant conceded during oral argument
the circuit court properly granted summary judgment if the personal judgment
against Allen Lee Koon was void; thus, we affirm the circuit court's grant of
summary judgment.

AFFIRMED.

FEW, C.J., and SHORT and THOMAS, JJ., concur.