FORM 4 Order On Motion To Reconsider
FORM 4 Order On Motion To Reconsider
FORM 4 Order On Motion To Reconsider
Michelle Glass as PR for the Estate of Sanford Mike’s Landscaping Service, Inc., et al.
Earl Glass
PLAINTIFF(S) DEFENDANT(S)
Attorney for : Plaintiff Defendant
Submitted by: Brian M. Barnwell or
Self-Represented Litigant
DISPOSITION TYPE (CHECK ONE)
JURY VERDICT. This action came before the court for a trial by jury. The issues
have been tried and a verdict rendered.
DECISION BY THE COURT. This action came to trial or hearing before the court.
The issues have been tried or heard and a decision rendered. See Page 2 for additional information.
ACTION DISMISSED (CHECK REASON): Rule 12(b), SCRCP; Rule 41(a),
SCRCP (Vol. Nonsuit); Rule 43(k), SCRCP (Settled); Other
ACTION STRICKEN (CHECK REASON): Rule 40(j), SCRCP; Bankruptcy;
Binding arbitration, subject to right to restore to confirm, vacate or modify
arbitration award; Other
STAYED DUE TO BANKRUPTCY
DISPOSITION OF APPEAL TO THE CIRCUIT COURT (CHECK APPLICABLE BOX):
Affirmed; Reversed; Remanded; Other
Before the Court is Third Party Defendants’ Motion to Reconsider Order Granting Partial Summary
Judgment, which was entered on July 31, 2023 (the “Order”). The Order granted partial summary
judgment on the issue of liability on the third party claims for negligent failure to procure and negligent
misrepresentation. In response to Third Party Defendants’ Motion to Reconsider, the Plaintiff requested
that the Order be vacated, without prejudice, so that all issues may be tried together on or after December
1, 2023, pursuant to a previously entered consent order. After considering the parties’ briefing and the
entire record before it, and to promote the interest of judicial economy, the Court hereby vacates the
Order, without prejudice, so that all issues concerning the third party claims may be tried together.
ORDER INFORMATION
This order ends does not end the case.
Additional Information for the Clerk :
$
If applicable, describe the property, including tax map information and address, referenced in the order:
The judgment information above has been provided by the submitting party. Disputes concerning the amounts contained in this
form may be addressed by way of motion pursuant to the SC Rules of Civil Procedure. Amounts to be computed such as interest
or additional taxable costs not available at the time the form and final order are submitted to the judge may be provided to the
clerk. Note: Title abstractors and researchers should refer to the official court order for judgment details.
E-Filing Note: In E-Filing counties, the Court will electronically sign this form using a separate electronic signature page.
This judgment was entered on the day of , 20 and a copy mailed first class or
placed in the appropriate attorney’s box on this day of , 20 to attorneys of record or
to parties (when appearing pro se) as follows:
CLERK OF COURT
Court Reporter:
E-Filing Note: In E-Filing counties, the date of Entry of Judgment is the same date as reflected on the Electronic File
Stamp and the clerk's entering of the date of judgment above is not required in those counties. The clerk will mail a copy
of the judgement to parties who are not E-Filers or who are appearing pro se. See Rule 77(d), SCRCP.
This action came to trial or hearing before the court. The issues have been tried or heard and a decision rendered.
1. Form 4C-Judgment in a Civil Case has been modified to add order information and
enrollment instructions for the clerk of court. The purpose of Form 4 has not changed
with the exception that judgment information is provided when applicable.
2. Please note that the Form 4C must be attached to all orders that include information to
enroll in the judgment index. The clerk will not be responsible for reading the order to
determine enrollment information.
The attorney or prevailing party will prepare and attach the Form 4C when submitting the
proposed order that includes judgment enrollment information for the judgment index.
The judge will review and sign Form 4C when he or she signs an order that includes
judgment enrollment information for the judgment index.
3. Form 4C is not required to be submitted to the Court with orders that do not include
information to enroll in the judgment index. If the clerk receives such an order without
Form 4C attached, the clerk should enter and process the order pursuant to Rule 58 and
Rule 77(d), SC Rules of Civil Procedure (i.e., the clerk should serve notice of entry of the
judgment by mail or provide the attorneys with copies of the signed order by other
means).
4. The “Information for the Judgment Index” section should be completed when the
judgment affects title to real or personal property or if any amount should be enrolled. In
the “Judgment in Favor of” column, enter the name of the party to whom the judgment is
awarded. In the “Judgment Against” column, enter the name of the person to whom the
judgment is against. The judgment amount to be enrolled should be noted in the
“Judgment Amount” column. As necessary, describe any property referenced in the
order if it is to be enrolled in the judgment index. If there is no judgment information to
enroll, indicate “N/A” in one of the boxes in this section of the form.
5. To enter information to accommodate multiple parties, additional Form 4Cs may be used
as necessary. Additional space may be inserted on the form as necessary.
6. The section “For the Clerk of Court Office Use Only” should be completed by the clerk
as it has been with the previous version of Form 4.
7. If the matter is on appeal to the Circuit Court, then the parties on the form should be
changed from Plaintiff and Defendant to Appellant and Respondent.
9. If a Special Circuit Court Judge, Master in Equity, or Special Referee prepares an order
after hearing a Circuit Court matter, then he or she should strike through the title “Circuit
Court Judge” below the signature line and indicate the appropriate title.
10. When an Order of Foreclosure is filed, neither the parties or debt owed should be listed in
the Information for the Judgment Index Section, unless the foreclosure order specifically
requires entry of the full judgment amount before the foreclosure sale, pursuant to
Section 29-3-650 of the SC Code.
11. If the deficiency judgment is waived in a Foreclosure action, indicate N/A in the
“Judgment Amount To Be Enrolled” box.
12. Foreclosure actions should be ended by the Clerk of Court upon receipt of the Order of
Foreclosure. Subsequent information, including deficiency judgments, can be added to
the action after the case is ended. The Master in Equity should end the action in the MIE
system upon the receipt of the Order of Foreclosure.
13. When judgment enrollment information is included in the Information for the Judgment
Index Section (for example, when there is a deficiency judgment), only the parties who
the judgment is for and against should be included in the Section. Subordinate parties
and lienholders should not be included in the box if there is not a judgment amount
specifically for or against them.