Wham factors (South Carolina) · Go Syfert
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Wham factors in South Carolina

6 South Carolina opinions name it 1 courts 1995–2022 1 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Sundown Operating Co. v. Intedge Industries, Inc.green
sc · 2009 · cited in 5 South Carolina opinions naming this issue, 2011–2022
2 sentences

2022See Sundown Operating Co., 383 S.C. at 607-08 , 681 S.E.2d at 888 ("Once a party has put forth a satisfactory explanation for the default, the trial court must also consider [the Wham factors, which include:] (1) the timing of the motion for relief; (2) whether the defendant has a meritorious defense; and (3) the degree of prejudice to the plaintiff if relief is granted."); Campbell v. City of N. Charleston, 431 S.C. 454 , 462 n.5, 848 S.E.2d 788 , 793 n.5 (Ct. App. 2020) (concluding the court did not need to address the Wham factors because the City failed to put forth a satisfactory explanat

2022See Sundown Operating Co., 383 S.C. at 607-08 , 681 S.E.2d at 888 ("Once a party has put forth a satisfactory explanation for the default, the trial court must also consider [the Wham factors, which include:] (1) the timing of the motion for relief; (2) whether the defendant has a meritorious defense; and (3) the degree of prejudice to the plaintiff if relief is granted."); Campbell v. City of N. Charleston, 431 S.C. 454 , 462 n.5, 848 S.E.2d 788 , 793 n.5 (Ct. App. 2020) (concluding the court did not need to address the Wham factors because the City failed to put forth a satisfactory explanat

35
Wham v. Shearson Lehman Bros., Inc.green
scctapp · 1989 · cited in 3 South Carolina opinions naming this issue, 2011–2020
2 sentences

2020See Sundown Operating Co., 383 S.C. at 607 , 681 S.E.2d at 888 (providing that "[o]nce a party has put forth a satisfactory explanation for the default, the trial court must also consider" the Wham factors (emphasis added)); see also Wham, 298 S.C. at 465 , 381 S.E.2d at 501-02 .

2020See Sundown Operating Co., 383 S.C. at 607 , 681 S.E.2d at 888 (providing that "[o]nce a party has put forth a satisfactory explanation for the default, the trial court must also consider" the Wham factors (emphasis added)); see also Wham, 298 S.C. at 465 , 381 S.E.2d at 501-02 .

23
Regions Bank v. Owensgreen
scctapp · 2013 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022See Sundown Operating Co., 383 S.C. at 607-08 , 681 S.E.2d at 888 ("Once a party has put forth a satisfactory explanation for the default, the trial court must also consider [the Wham factors, which include:] (1) the timing of the motion for relief; (2) whether the defendant has a meritorious defense; and (3) the degree of prejudice to the plaintiff if relief is granted."); Campbell v. City of N. Charleston, 431 S.C. 454 , 462 n.5, 848 S.E.2d 788 , 793 n.5 (Ct. App. 2020) (concluding the court did not need to address the Wham factors because the City failed to put forth a satisfactory explanat

2022See Sundown Operating Co., 383 S.C. at 607-08 , 681 S.E.2d at 888 ("Once a party has put forth a satisfactory explanation for the default, the trial court must also consider [the Wham factors, which include:] (1) the timing of the motion for relief; (2) whether the defendant has a meritorious defense; and (3) the degree of prejudice to the plaintiff if relief is granted."); Campbell v. City of N. Charleston, 431 S.C. 454 , 462 n.5, 848 S.E.2d 788 , 793 n.5 (Ct. App. 2020) (concluding the court did not need to address the Wham factors because the City failed to put forth a satisfactory explanat

11
Dixon v. Besco Engineering, Inc.green
scctapp · 1995 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013See Sundown, 383 S.C. at 607-08 , 681 S.E.2d at 888 (holding a court need only consider the Wham factors “[o]nce a party has put forth a satisfactory explanation for the default”); Dixon v. Besco Eng’g, Inc., 320 S.C. 174, 179 , 463 S.E.2d 636, 639 (Ct.App.1995) (holding the trial court is not required to make specific findings of fact on the record for each Wham factor if the record contains sufficient evidentiary support for the finding of lack of good cause).

2013See Sundown, 383 S.C. at 607-08 , 681 S.E.2d at 888 (holding a court need only consider the Wham factors “[o]nce a party has put forth a satisfactory explanation for the default”); Dixon v. Besco Eng’g, Inc., 320 S.C. 174, 179 , 463 S.E.2d 636, 639 (Ct.App.1995) (holding the trial court is not required to make specific findings of fact on the record for each Wham factor if the record contains sufficient evidentiary support for the finding of lack of good cause).

11
Harris v. Anderson County Sheriff's Officegreen
sc · 2009 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011Sheriff's Office, 381 S.C. 357 , 363 n. 1, 673 S.E.2d 423 , 426 n. 1 (2009) ("One rule of statutory construction allows the Court to deviate from a statute's plain language when the result would be so patently absurd that it is clear that the Legislature could not have intended such a result."). [28] The court went on to explain that the Wham factors come into play after the explanation is accepted by the court.

2011Sheriff's Office, 381 S.C. 357 , 363 n. 1, 673 S.E.2d 423 , 426 n. 1 (2009) ("One rule of statutory construction allows the Court to deviate from a statute's plain language when the result would be so patently absurd that it is clear that the Legislature could not have intended such a result."). [28] The court went on to explain that the Wham factors come into play after the explanation is accepted by the court.

11
Top Value Homes, Inc. v. Hardengreen
scctapp · 1995 · cited in 1 South Carolina opinions naming this issue, 1995–1995
2 sentences

1995See also Top Value Homes, Inc. v. Harden , — S.C. —, 460 S.E. (2d) 427 (Ct. App. 1995) (this court remanded an action subject to the good cause standard in which the master applied the excusable neglect standard, and directed the master to consider the Wham factors).

1995See also Top Value Homes, Inc. v. Harden , — S.C. —, 460 S.E. (2d) 427 (Ct. App. 1995) (this court remanded an action subject to the good cause standard in which the master applied the excusable neglect standard, and directed the master to consider the Wham factors).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

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