Aranda v. Ortega ( 2020 )


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  • 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
    Rosa Maritza Galban Aranda, Respondent,
    v.
    Rigoberto Ortega, Appellant.
    Appellate Case No. 2018-001090
    Appeal From Charleston County
    Diane Schafer Goodstein, Circuit Court Judge
    Unpublished Opinion No. 2020-UP-322
    Submitted November 1, 2020 – Filed December 2, 2020
    DISMISSED
    Thomas O. Sanders, IV, of Sanders Law Firm, LLC, of
    Charleston, for Appellant.
    Johnny F. Driggers, of Johnny F. Driggers, Esq., of
    Goose Creek, for Respondent.
    PER CURIAM: Rigoberto Ortega appeals the circuit court's order denying his
    Rule 55(c), SCRCP, motion to set aside an entry of default. We dismiss the appeal
    pursuant to Rule 220(b), SCACR, and the following authorities: Rule 201(a),
    SCACR ("Appeal may be taken, as provided by law, from any final judgment,
    appealable order or decision."); Hagood v. Sommerville, 
    362 S.C. 191
    , 194, 
    607 S.E.2d 707
    , 708 (2005) ("An appeal ordinarily may be pursued only after a party
    has obtained a final judgment."); Thynes v. Lloyd, 
    294 S.C. 152
    , 153, 
    363 S.E.2d 122
    , 122 (Ct. App. 1987) ("[A]n order refusing to grant relief from the entry of
    default [under Rule 55(c), SCRCP] is not appealable until after final judgment.").1
    DISMISSED.2
    THOMAS, HILL, and HEWITT, JJ., concur.
    1
    Although the circuit court's order stated Ortega's motion was governed by Rule
    60(b), SCRCP, we note the record indicates the circuit court had not entered a
    default judgment. Thus, the circuit court erred in applying Rule 60(b). See
    Sundown Operating Co. v. Intedge Indus., Inc., 
    383 S.C. 601
    , 608, 
    681 S.E.2d 885
    ,
    887-89 (2009) (explaining a Rule 60(b) motion is only appropriate after a default
    judgment has been entered).
    2
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2020-UP-322

Filed Date: 12/2/2020

Precedential Status: Non-Precedential

Modified Date: 10/22/2024