Floyd v. McFadden Ex Rel. Robinson

Gregory, Justice

(concurring):

I adhere to the dissent in Stewart v. Floyd, 274 S. C. 437, 265 S. E. (2d) 254 (1980). Notwithstanding my position in Stewart, I agree with the majority insofar as there was a lack of proximate cause since the appellant has consistently denied receiving the second summons and complaint. I would dispute, however, any suggestion that there was no duty to inform appellant of the first suit’s dismissal, and the possible consequences of the dismissal.