Civil Procedure Keyed to Spencer
Colleton Preparatory Academy, Inc. v. Hoover Universal, Inc.
Colleton Preparatory Academy, Inc. (Plaintiff) sued Beazer East, Inc. (Beazer) (Defendant) in the United States District Court for the District of South Carolina on March 24, 2003. Plaintiff also mistakenly sued Hoover Treated Wood Products, Inc. (Hoover Wood), when Hoover Universal, Inc. (Hoover Universal) (Defendant) was the correct party. Plaintiff filed an amended complaint naming Hoover Universal on June 6, 2003. Plaintiff served the amended complaint on Hoover Universal’s registered agent, The Corporation Company (TCC), on June 23, 2003. TCC was also Beazer’s registered agent, and TCC negligently forwarded the summons to Beazer. Hoover Universal, unaware of the lawsuit, failed to answer, and an entry of default was entered on August 5, 2003. Hoover Universal learned of the error and filed a motion to quash service and set aside the default. Both motions were denied. Plaintiff was awarded over $1.1 million in damages and fees. Hoover Universal appealed the district court’s refusal to set aside the entry of default.
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