THE STATE OF SOUTH CAROLINA

In The Supreme Court

Catherine Roche, as

Personal Representative

for the Estate of George

Roche, Petitioner,

v.

Young Brothers, Inc., of

Florence, d/b/a Days Inn

East, Respondent.

ON WRIT OF CERTIORARI TO THE COURT OF

APPEALS

Appeal From Florence County

Daniel E. Martin, Sr., Circuit Court Judge

Opinion No. 24829

Heard May 27, 1998 - Filed August 10, 1998

REVERSED

William P. Hatfield and Gary I. Finklea, both of

The Hyman Law Firm, of Florence, for petitioner.

William Reynolds Williams, and C. Craig, Young,

both of Willcox, McLeod, Buyck & Williams,

of Florence, for respondent.

p.10

TOAL, A.J.: This case involves a default judgment in a negligence

action. George Roche originally brought this negligence action against

Respondent Young Brothers, d/b/a Days Inn East ("Young Brothers"), as a

result of a slip-and-fall accident in Young Brothers' motel parking lot.

Petitioner Catherine Roche, as personal representative of her husband's

estate, appeals the Court of Appeals' decision that Young Brothers' consent

was required prior to the circuit court appointing a special referee to consider

the damages matter. We reverse and reinstate the special referee's order.

FACTUAL/PROCEDURAL BACKGROUND

On March 19, 1990, Roche slipped and fell in the parking lot of Young

Brothers' motel located in Florence, South Carolina. Roche filed suit against

Young Brothers in circuit court on August 31, 1990. Young Brothers failed

to answer Roche's complaint. A default was entered against Young Brothers

on November 2, 1990. Without notice to Young Brothers, a damages hearing

was held before the circuit court on February 6, 1992. The circuit court

awarded Roche $15,000.00 in actual damages and $30,000.00 in punitive

damages.

On February 14, 1992, Young Brothers filed a motion to set aside the

default judgment under Rule 60(b), SCRCP. Young Brothers argued that the

judgment should be set aside because service of process was not perfected,

and, in the alternative, a new damages hearing should be granted because

it did not receive notice of the hearing. The circuit court denied the motion.

In July 1992, Young Brothers appealed the judgment to the Court of Appeals.

The Court of Appeals reversed the circuit court's default judgment, finding

service of process had not been perfected. Roche v. Young Bros., Inc. of

Florence, 313 S.C. 356, 437 S.E.2d 560 (Ct. A