Price v. Northwestern Mutual Life Ins.
Docket: 22107
Court: Supreme Court of South Carolina; May 16, 1984; South Carolina; State Supreme Court
The circuit court's order denying the dismissal of actions against Northern Mutual Life Insurance Company and Moss Creek Development Corporation was reversed. The appellants were served with Summonses on October 23 and 26, 1981, but the complaints were not served. A demand for the complaints was made on November 3, 1981, but by January 8, 1982, they remained unserved. Appellants moved to dismiss the actions, claiming the failure to serve the complaints within twenty days constituted neglect that was not excusable. The circuit court found excusable neglect and a meritorious claim; however, the appellants contested only the finding of excusable neglect. Respondent's counsel argued there was an oral agreement with the appellants' Georgia counsel for an extension of time, but this was not supported by written compliance with Circuit Court Rule 14, which mandates that agreements regarding proceedings must be in writing. The court found parallels with prior case law where failure to comply with procedural rules resulted in reversals. The respondent's counsel did not provide a valid excuse for the delay in serving the complaints, which were simple and brief. Additionally, the respondent contended that the demand for service by an out-of-state attorney did not constitute an effective appearance, but the court disagreed, citing case law that allows out-of-state attorneys to appear in South Carolina. Consequently, the circuit court's order was reversed, and the two actions were consolidated for the appeal.