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
Trico Engineering Consultants, Respondent,
v.
S. Joseph Kozlowski, Appellant.
Appeal From Georgetown County
J. Michael Baxley, Circuit Court Judge
Unpublished Opinion No. 2010-UP-511
Submitted October 1, 2010 – Filed November
23, 2010
REVERSED
Charles Owen Nation, II, of Georgetown, for Appellant.
John W. Davidson, of Columbia, for Respondent.
PER CURIAM: In this debt collection action, S. Joseph Kozlowski appeals the circuit court's denial of his motion for relief from default judgment. On appeal, Kozlowski maintains the circuit court abused its discretion in failing to grant relief pursuant to Rule 60(b)(1) and (4), SCRCP, arguing the default was the result of excusable neglect or, in the alternative, the judgment was void because service of process was not perfected. We reverse.[1]
Rule 60(b)(4) provides for relief from default when the judgment is void. Rule 60(b)(4), SCRCP ("On motion and upon such terms as are just, the court may relieve a party . . . from a final judgment, order, or proceeding [because] . . . the judgment is void."). "A judgment is void if a court acts without personal jurisdiction." BB & T v. Taylor,