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289 S.C. 333

Jones v. Turner

Supreme Court of South Carolina

Decided June 30, 1986

Supreme Court of South Carolina · decided 1986-06-30

Relies on Whittle v. Multiple Services, Inc. · Herring v. Credit Bureau · Brown v. Mickens

Decided 1986-06-30

Per Curiam:

¶1This is an appeal from an order overruling appellant’s demurrer and granting respondents leave to amend their complaint. According to the Statement of the Case, which is binding on the parties, appellant’s counsel was not notified of the hearing on the motions nor was he present.

¶2Because appellant did not have notice of the hearing, the order was improperly issued. See, e.g., Whittle v. Multiple Services, Inc., 283 S. C. 559, 324 S. E. (2d) 62 (1984); Herring v. Credit Bureau of Columbia, 272 S. C. 368, 252 S. E. (2d) 123 (1979); Brown v. Mickens, 256 S. C. 346, 182 S. E. (2d) 417 (1971). Accordingly, the order appealed from is vacated and the case is remanded.

¶3Vacated and remanded.

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